Erection of a two-storey side and rear extension, single-storey rear extension with changes to the fenestration and roof alterations following demolition of existing attached garages
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Residential Amenity
Trees & Landscape
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Inspector’s Reasoning
Appeal Decision
Site visit made on 29 May 2026 by F Bradford BA (Hons) MRTPI
Decision by David Cross BA(Hons) PgDip(Dist) TechIOA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 17 August 2026
Appeal Ref: 6008295
Little Acre, Old Rectory Lane, East Horsley, Surrey KT24 6QH
• 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 Mr and Mrs Stocks against the decision of Guildford Borough Council.
• The application Ref is 25/P/01434.
• The development proposed is the erection of a two-storey side and rear extension, single-storey rear
extension with changes to the fenestration and roof alterations following demolition of existing
attached garages.
Decision
1. The appeal is dismissed.
Appeal Procedure
2. The site visit was undertaken by a representative of the Inspector whose
recommendation is set out below and to which the Inspector has had regard before
deciding the appeal.
Preliminary Matters
3. In the interests of clarity and accuracy, the description of development has been
taken from the decision notice.
Reasons for Recommendation
4. Little Acre is a two-storey detached dwelling located within a generous site, similar
to that of other dwellings within Old Rectory Lane. Little Acre's rear boundary and
that of its immediate neighbours backs onto Kingston Meadows. Owing to the
position of the appeal dwelling's rear fenestration and the tall hedging, shrubs and
trees along the boundary, the occupants of Willowhatch are not currently directly
overlooked when using their rear garden. It is noted that, were the boundary to be
removed, views could be possible towards the rear of the garden, with more limited,
oblique views towards the middle portion.
5. The proposed development would introduce fenestration within a rear two-storey
element, which would be in closer proximity to the boundary and more expansive
than the existing. Whilst the direct outlook would remain towards the same part of
the neighbouring garden, the proposed glazing would be substantially larger and
would include full-height windows and opening doors serving a first-floor bedroom.
6. The proposal would provide materially greater opportunities for overlooking and
intervisibility than currently exist. Whilst views would continue to be focused
towards the rear part of the neighbouring garden, I find that the scale of the
Appeal Decision 6008295
2
proposed glazing would result in an intrusive degree of actual and perceived
overlooking beyond that which is reasonable within this context. Although some
intervisibility may be acceptable in this location, this does not justify the degree of
overlooking that would be enabled by the extent of glazing proposed.
7. Although the boundary treatment between the sites would provide some screening,
It would not totally prevent overlooking from the proposed first-floor openings, nor
would it sufficiently mitigate the increased perception of being overlooked. In any
event, the vegetation and trees and their arising mitigative effects could not be
secured within the parameters of this appeal.
8. Whilst the glazing would serve a bedroom, I am not convinced that this would
lessen the harm. The appellants contend that bedrooms are less likely to be used
during daylight hours when a garden would be. However, bedrooms are not
confined to use outside of daylight hours and it is not uncommon for them to be
used for homeworking, studying or prolonged periods of indoor recreation of which
the outward opening doors suggest.
9. For these reasons, I consider that the development would result in an unacceptable
effect on the living conditions of the occupants of Willowhatch with regard to loss of
privacy and overlooking. I therefore find conflict with Policy D5 of the Guildford
Borough Local Plan: Development Management Policies (2023) which, among
other things, aims to ensure development avoids having an unacceptable impact on
the living environment of existing residential properties in terms of privacy and
overlooking. I also find conflict with the Residential Extensions and Alterations
Supplementary Planning Document (2018) (SPD), where it advises that extensions
should not result in a harmful loss of privacy by windows directly overlooking
neighbouring properties.
Other Matters
10. The appellants contend that the development would accord with the SPD, namely
where it relates to direct overlooking and side elevation windows. However, the
purpose of the SPD is to provide guidance on the policy and any compliance with
such does not automatically result in accordance with the development plan.
Conclusion and Recommendation
11. For the reasons given above and having had regard to all other matters raised, I
recommend that the appeal should be dismissed.
Finlay Bradford
APPEAL PLANNING OFFICER
Inspector’s Decision
12. I have considered all the submitted evidence and my representative’s report and on
that basis the appeal is dismissed.
David Cross
INSPECTOR
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