Construction of first floor extension to existing bungalow to involve raising roof height to form two storey dwelling with pitched roof. Erection of a part two storey and part single storey side extension to western/northern elevations. To i nclude erection of 2.4m high wall and fence and alterations to existing doors and fenestration
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Residential Amenity
Extensions
Trees & Landscape
Inspector’s Reasoning
Appeal Decision
Site visit made on 2 April 2026
by Elizabeth Lawrence BTP MRTPI
an Inspector appointed by the Secretary of State
Decision date: 13 April 2026
Appeal Ref: 6005512
Wellspring Lodge, 16 Silchester Road, Tadley, RG26 3PX
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant planning permission.
• The appeal is made by Ms C Clulow against the decision of Basingstoke and Deane Borough
Council.
• The application Ref is 25/01878/HSE.
• The development proposed is described as construction of first floor extension to existing bungalow
to involve raising roof height to form two storey dwelling with pitched roof. Erection of a part two
storey and part single storey side extension to western/northern elevations. To i nclude erection of
2.4m high wall and fence and alterations to existing doors and fenestration.
Decision
1. The appeal is dismissed.
Main Issue
2. The main issue is the effect of the proposal on the living conditions of the occupiers
of 18, 18a and 20 Silchester Road (Nos.18, 18a & 20), with particular regard to
visual impact, privacy, and loss of daylight/sunlight.
Reasons
3. Wellspring Lodge is located within a mixed residential and commercial area on the
edge of the settlement. The numerous trees and hedges within and surrounding
the residential area contribute to the verdant and suburban edge of settlement
character and appearance of the area.
4. Wellspring Lodge occupies a backland position to the rear of Nos.18, 18a & 20,
with access via a narrow drive between the side boundaries of Nos.14 & 18
Silchester Road. The appeal dwelling is single storey and orientated north/south,
with its rear elevation some 6 metres from the northern boundary of the site.
Currently there is a tall close boarded fence along this boundary and a mature
Laurel hedge which separates the appeal site from the rear gardens and dwellings
at Nos.18, 18a and 20.
5. Along the eastern boundary of the appeal site is a tall fence, with a tall mature mix
of trees and shrubs. To the south of the appeal property is a new dwelling, ‘The
Oasis’. Currently there are no boundary fences or hedges between that dwelling
and the appeal property. With the proposal a row of Hornbeam/Lelandii trees
would be planted along this and adjacent to part of the boundary between the
Appeal Decision 6005512
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access track and the main garden area to Wellspring Lodge. A 2.4 metre high wall
is also proposed along part of the boundary with the access drive.
6. In 2013 planning permission was granted for the erection of side extensions and
the conversion of the loft to living accommodation. The approved scheme included
raising the ridge height of the existing dwelling and constructing four dormers and a
rooflight on the north facing roof slope and four dormers in the south facing roof
slope. The north facing dormers served two bedrooms, a bathroom, and a stairwell
and the rooflight served a shower room. The south facing dormers served three
bedrooms and a bathroom.
7. The appellant has stated that the 2013 permission remains extant, and I note that a
previous Inspector commented in 2022 that he understood that the 2013
permission was extant at that time. However, the information provided by the
council in their delegated report is conflicting. When dealing with the character of
the area the report refers to the permission as extant, although when dealing with
the impact on Nos. 18,18a and 20 the delegated report states that there was no
evidence to confirm that the permission was implemented and that there was no
lawful development certificate.
8. Accordingly, whilst the 2013 decision is a material consideration in the
consideration of this appeal, the absence of evidence to demonstrate what and
when works associated with the commencement if the development took place
reduces the weight I can give to it.
9. Amongst other things policy EM10 of the Basingstoke and Dean Local Plan 2011-
2029 (LP) seeks to ensure that new development provides a high quality of amenity
for occupants of developments and neighbouring properties, having regard to such
issues as overlooking, access to natural light, outlook, and amenity space, in
accordance with the Design and Sustainability SPD.
10. The Basingstoke and Deane Supplementary Planning Document 2018 (SPD) is
consistent with this. Collectively and amongst other things, design principles RA3,
RA5, RA6 and RA7 advise that the minimum depth of back gardens is 10 metres
and the minimum back-to-back distance for two storey dwellings is 20 metres. New
housing development should ensure that the privacy of neighbouring properties is
protected and that a suitable and pleasant outlook and level of natural light for
neighbouring properties is provided. The general text in section 10 clarifies that
variations to the requirements set out in the design principles, may be permitted
where justified. Regarding daylight and sunlight within rooms it refers to the 25⁰
and 45⁰ rules and that shadowing of garden areas should be kept to a minimum.
11. Paragraph 135 of the National Planning Policy Framework 2024 (the Framework)
similarly states that new developments should function well and add to the overall
quality of the area. They should deliver a high standard of amenity for existing and
future users. Collectively, paragraphs 11, 124 and 135 of the Framework
encourage sustainable forms of development and making full and effective use of
existing sites. Paragraph 131 of the Framework states that good design is a key
aspect of sustainable development. It creates better places in which to live and
helps make development more acceptable to communities.
12. The proposed resultant extended dwelling would be some 7.8 metres in height and
would project above the northern boundary fence and adjacent Laurel hedge. This
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Laurel hedge is not dense and there are clear views through gaps in the foliage and
branches towards the adjacent properties.
13. Due to their close proximity to the boundary with Nos.18, 18a & 20, together with
their combined length, width and height above ground level, the proposed first floor
windows on the north elevation of the host dwelling would provide an open outlook
from the rooms they serve. They would facilitate wide views both through and over
the existing Laurel Hedge, into the rear gardens and towards the dwellings at Nos.
18, 19a & 20. Similarly, from these properties there would be clear views into the
rooms served by the proposed large windows. Notwithstanding the generous back-
to-back distances between the dwellings at Nos.18, 18a & 20 and the appeal
dwelling, due to the proximity of the appeal dwelling to the boundary with Nos.18,
18a & 20 the level of actual and perceived overlooking would be unreasonable and
intrusive.
14. The appellant has suggested that the retention of the boundary hedge could be
made the subject of a condition. As stated by the council, the retention of the
Laurel hedge could not be relied on in the long term. If it died or was removed the
level of overlooking would intensify. Any new replacement hedge would need to be
both high and dense which could take years to fully establish and could be difficult
to maintain. As such it is not something that could be relied upon to protect the
living conditions of the occupiers of the adjacent dwellings.
15. The appellant has stated that the north facing windows could be obscure glazed
and non-opening. This would be appropriate for the proposed en-suite and
wardrobe, although ideally the en-suite would benefit from natural ventilation. It
would be unusual for occupiers to leave large clear glazed windows within
bathrooms and wardrobes clear glazed, where they are close to and in full view
from neighbouring properties. This is a matter that could be satisfactorily secured
through the imposition of conditions. Subject to such conditions, the bathroom and
wardrobe windows would not result in a loss of privacy for the occupiers of Nos.18,
18a & 20.
16. The use of obscure glazing and fixed shut windows would however result in an
unacceptably poor living environment within the proposed north facing bedroom. If
clear glazed there would be direct views from the bedroom window into the rear
garden and towards the rear elevation of the dwelling at No.18a. It would be result
in an unacceptable level of actual and perceived over-looking that would be visually
intrusive and oppressive. It would materially and unacceptably harm the living
conditions of the occupiers of that property. As such it is not something that could
reasonably be secured through the imposition of conditions.
17. Conversely, due to the siting of the catslide roof the outlook from this bedroom
window would be partially obscured from the rear garden and dwelling at No.18. It
would also be set at an oblique angle and some distance from No.20. Accordingly,
the proposed openable and clear glazed bedroom window would not result in an
unacceptable loss of privacy for the occupiers of Nos,18 & 20.
18. By comparison, the north facing bedrooms in the 2013 scheme were served by
dormer windows with deep cheeks, which were set within the room skeilings and
slightly recessed within the roof slope. As such, the outlook from them would have
been more restricted and not directly comparable to the proposed large openings.
Whilst not labelled, the approved bathroom windows were clearly shown as being
Appeal Decision 6005512
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obscure glazed, which would protect the privacy of the occupiers of Wellspring
Lodge. Whilst the use of obscure glazing was not conditioned, it would be likely
that any occupier would want to achieve a good level of privacy within their
bathrooms.
19. For these reasons I find that even if the 2013 scheme is still extant it’s impact on
the living conditions of Nos.18, 18a & 20 would be acceptable. Conversely, the
proposal would cause unacceptable harm to the living conditions of occupiers of
No.18a. Further, this harm would clearly outweigh the benefits for the appellant
and their family that would result from the additional accommodation.
20. Concern has been expressed regarding the height of the proposed extension and
its impact on the outlook from Nos.18, 18a and 20. The proposed extension would
be clearly visible from these properties, and I acknowledge that the appeal dwelling
is sited close to their rear boundaries. Notwithstanding this, the immediate area is
characterised by a diverse range of dwellings and Nos.18, 18a & 20 benefit from
generous sized rear gardens with a favourable southerly aspect. As such the
extended dwelling would not have an overbearing impact on the outlook from these
dwellings and their gardens would continue to receive good levels of daylight and
sunlight.
21. The southern elevation of the prosed extension includes three full height patio
doors and Juliet balconies, which face towards the front elevation of ‘The Oasis’.
The two dwellings are sited some 24 metres from each other and the main garden
area to ‘The Oasis’ is to the rear of that property. Also, they would be separated by
the deep garden to Wellspring Lodge, which is sited to the north of ‘The Oasis’.
For these reasons the proposed extension would not have a materially adverse
impact on the living conditions of the occupiers of ‘The Oasis’.
22. Finally, the appeal property sits at right angles and the proposed front and rear first
floor windows would be at an oblique angle to the adjacent dwellings which front
onto Broad Halfpenny Lane. Having regard to this, together with the distance
between the proposed windows and the adjacent properties in Broad Halfpenny
Lane, the proposal would not have a materially harmful impact on the living
conditions of their occupiers due to visual impact or loss of privacy.
23. I conclude on the main issue that the proposed extension would materially and
unacceptably harm the living conditions of the occupiers of No.18a due to loss of
privacy. Accordingly, the proposal conflicts with LP Policy EM10, the SPD and
paragraphs 11 and 135 of the Framework.
Other matters
24. The existing dwelling is of no particular architectural merit and is located in a mixed
residential area. The design of the proposed extensions would be in keeping with
’The Oasis’ and would be largely screened from the street scene. Accordingly,
subject to adherence to the submitted drawings and the use of the external
materials set out in the application form, the proposed extensions would visually
blend in satisfactorily with the surrounding area.
25. The proposal includes the provision of 2.4 metre high walls and fencing along the
eastern side of the existing access track, although no drawings showing their
appearance are provided. Concern has been expressed that the proposed walls
and fences would have an overbearing impact on the existing access drive. This
Appeal Decision 6005512
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matter is not addressed in the council’s delegated report, although it does refer to
concerns relating to the ownership of the access track.
26. Having regard to the enclosed nature of the northern part of the track I consider
that, due to their height, the proposed walls and fencing could have an unduly
enclosing and oppressive effect on the access track leading to ‘The Oasis’.
However, without precise details of their appearance and the agreed boundary to
the access track, it is not possible to make an accurate assessment. This adds to
my concerns relating to the main issue in this appeal.
27. Had I found in favour of the appellant on the main issue, this is a matter upon which
I would have sought further information from the main and interested parties.
Conclusion
28. Whilst I have found in favour of the appellant on some points and taken into
account all other matters raised, the conclusion on the main issue amounts to a
compelling reason for dismissing this appeal.
Elizabeth Lawrence
INSPECTOR
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