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Planning appeal decision

Dismissed29 April 20223288819

Old School House, The Avenue, Birlingham, WR10 3AB

Planning appeal 3288819 at Old School House, The Avenue, Birlingham, WR10 3AB (Wychavon District Council) was dismissed on 29 April 2022 by Inspector Pinto A, by written representations. The main issue, as the Inspector framed it: Whether the proposed variation of Condition 5, to replace the obscure first floor window on the rear elevation of the proposal (east facing) with clear glazing, is reasonable and necessary to safeguard the living conditions of existing and future residents of neighbouring properties, particularly with regard to overlooking.

Demolition of existing rear single storey extension and replacement with two storey new rear extension, refurbishment of building envelope including roof finishes and stone windows, and internal refurbishment and alterations works without complying with condition requiring obscured glazing to first-floor rear window

Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Pinto A
Postcode
WR10 3AB

Main issues, as the Inspector framed them

  • Whether the proposed variation of Condition 5, to replace the obscure first floor window on the rear elevation of the proposal (east facing) with clear glazing, is reasonable and necessary to safeguard the living conditions of existing and future residents of neighbouring properties, particularly with regard to overlooking

What decided it

The relative position of the appeal site in relation to the neighbouring property White Posts and the elevated position of the east-facing first-floor window would result in significant loss of adequate standards of amenity, particularly regarding overlooking, if the obscured glazing condition were removed.

What the Inspector cited

Development plan policies
SWDP21
National Planning Policy Framework
Paragraph 130Paragraph 56

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.

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The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.