®Planning appeal decision
37 Western Avenue, Thorpe Village, Egham, Surrey, TW20 8QB
Planning appeal 3266381 at 37 Western Avenue, Thorpe Village, Egham, Surrey, TW20 8QB (Runnymede Borough Council) was allowed on 2 November 2021 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: whether there are any material changes in circumstances and/or other considerations that lead to a differing view on the effect and acceptability of the alleged development on the living conditions of the occupiers of No 39, with particular regard to outlook and privacy.
Construction of a side and rear extension and a loft conversion to a dwelling house
- Authority
- Runnymede Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Jones R
- Postcode
- TW20 8QB
Main issues, as the Inspector framed them
- whether there are any material changes in circumstances and/or other considerations that lead to a differing view on the effect and acceptability of the alleged development on the living conditions of the occupiers of No 39, with particular regard to outlook and privacy
- if not, whether unacceptable harm can be avoided by an amended scheme, and whether such a scheme can be appropriately secured
What decided it
The creation of a hip to the roof facing No 39, reducing the ridge height by approximately 840mm and the roof overhang to 100mm, would provide a meaningful reduction in the mass and bulk of the extension and overcome the unacceptable harm to outlook from the neighbouring property.
The harm to the living conditions of the occupiers of No 39 arising from the proximity and overbearing presence of the extension as built was outweighed by the ability to modify the scheme to remove that unacceptable harm, thereby making the development acceptable in planning terms without requiring demolition and rebuilding.
What the Inspector cited
- Development plan policies
- Policy EE1 of the Runnymede 2030 Local Plan
- National Planning Policy Framework
- Paragraph 130
- Judgments
- Ahmed v SSCLG & Hackney LBC [2014] EWCA Civ 566; R (oao Banghard) v Bedford BC [2017] EWHC 2391 (Admin); Bhandal v SSHCLG & Bromsgrove DC [2020] EWHC 2724 (Admin)
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.