For the erection of a rear extension
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Residential Amenity
Sustainability
Extensions
Inspector’s Reasoning
Appeal Decision
Site visit made on 15 June 2026
by Mr C Tivey BSc (Hons) BPl MRTPI
an Inspector appointed by the Secretary of State
Decision date: 30 June 2026
Appeal Ref: 6009174
6 Old Heath Way, Farnham GU9 0QP
• 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 Jacky Alvey against the decision of Waverley Borough Council.
• The application Ref is WA/2026/00003.
• The development proposed is for the erection of a rear extension.
Decision
1. The appeal is allowed and planning permission is granted for the erection of a rear
extension at 6 Old Heath Way, Farnham GU9 0QP in accordance with the terms of
the application, Ref WA/2026/00003, subject to the following conditions:
1) The development hereby permitted shall begin not later than 3 years from the
date of this decision.
2) The development hereby permitted shall be carried out in accordance with
the following approved plans: 1:1250 Site Location Plan and Drawing
1883/P-101.
3) The development shall be carried out in accordance with the proposed
measures identified within the submitted Climate Change and Sustainability
Checklist.
4) Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) Order 2015 (or any Order revoking and re-enacting
that Order with or without modification), no windows or other openings other
than those expressly authorised by this permission shall be constructed in
the south west side elevation of the extension hereby permitted.
Main Issues
2. The main issues are the effect of the appeal proposal upon the occupants of 5 Old
Heath Way, with specific reference to outlook; and whether the scheme would
enable adequate private amenity space to be retained for existing and future
occupants of the host dwelling.
Reasons
3. The appeal site comprises an end link-semi-detached two storey house within a
quiet private residential close. It currently has a single storey conservatory to its
rear elevation, set away from both side boundaries; it is on slightly lower ground
than the majority of the garden serving the appeal property.
Appeal Decision 6009174
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4. The south western boundary shared with no5 is demarcated by a single close-
boarded fence panel with bamboo screening and evergreen shrubbery within both
the neighbouring rear garden and the appeal site for the remainder of its extent.
5. The proposed extension would be slightly deeper than the existing conservatory
and would be wider, built just off of the aforementioned shared boundary. The
submitted Proposed Site Plan identifies that the extension would conflict with a 45°
line when taken from the centre of the nearest habitable room window on the
ground floor of no5, although I note that the Council’s Residential Extensions
Supplementary Planning Document (SPD) states that the measurement should be
taken from the furthest edge of the closest ground floor window for single storey
extension proposals. The proposed extension would still conflict with such a 45°
line, although not as significantly so and there does appear to be a degree of
contradiction within the SPD in that where considering overbearing development
paragraph 8.2 states that in the case of single storey developments, an extension
may extend to the boundary, but in the spirit of good neighbourliness and to ensure
adequate maintenance space, a 1m gap is encouraged. It goes on to state that in
all instances the depth of the extension should not exceed 4m, although some sites
may have specific constraints whereby this distance will need to be reduced.
6. At 3.8m the proposed extension would be slightly less than the suggested
maximum within the SPD and whilst it would be closer to the shared boundary than
1m, nonetheless, by virtue of its flat roof and single storey form (albeit with a
parapet wall) I consider, on balance, that the proposal would not be unduly
overbearing upon the occupants of the neighbouring dwelling and the outlook from
its rear garden would not be visually dominated by it.
7. In terms of whether the scheme would give rise to an overdevelopment of the plot,
the majority of the extension would be constructed on the lower ground where the
conservatory is currently sited and currently provides little more than circulation
space for the occupants of the appeal dwelling. Consequently, I consider that the
area of usable private amenity space would not be significantly reduced and would
not conflict with the SPD which stipulates that applicants should ensure that a
single extension or cumulative smaller extensions do not result in a significant loss
of garden areas, as this can make the plot appear cramped and out of keeping with
the surrounding area.
8. I note the Council’s concern that the rear amenity area would be reduced to such a
degree that it would render it inadequate to serve the enlarged dwelling, although
the proposal is only to provide new kitchen and dining facilities. Therefore, the
number of bedrooms would remain as existing (2no) and there is nothing to
suggest that the enlarged dwelling would give rise to an increase in occupation
which could give rise to greater demand for outdoor amenity space. Again on
balance, I consider that the proposal would not represent an overdevelopment of
the plot and both the existing and future occupiers of the appeal dwelling would be
protected by the proposal.
9. I find the scheme complies with the general spirit of the SPD and furthermore
complies with Policy TD1 of the Waverley Borough Local Plan (Part 1) 2018, Policy
FNP16 of the Farnham Neighbourhood Plan 2020 and Policy DM5 of the Waverley
Borough Local Plan (Part 2) 2023 which together seek to maximise opportunities to
improve the quality of life and health and well-being of current and future residents
through the provision of amenity space that is private, usable, secure and
Appeal Decision 6009174
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defensible, as well as being appropriately located, whilst ensuring that the outlook
of adjoining residents is safeguarded.
Conclusion and Conditions
10. For the reasons set out above and having regard to all other matters raised, I
conclude that the appeal should succeed.
11. In addition to the standard time limit condition, I consider that it is appropriate to
require the development to be carried out in accordance with the submitted plans in
the interests of protecting the character and appearance of the area. Furthermore,
I have imposed the Council’s two suggested conditions requiring the development
to be carried out in accordance with submitted Climate Change and Sustainability
Checklist and that Permitted Development Rights are removed to prevent the
creation of any new openings in the south west side elevation of the extension
hereby permitted. I consider that in the interests of sustainability and the protection
of the occupants of no5 from a loss of privacy, that these conditions are both
necessary.
C Tivey
INSPECTOR
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