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Planning appeal decision

Allowed5 August 20266008269

5 Fairhaven Avenue, Colchester, CO5 8EZ

Planning appeal 6008269 at 5 Fairhaven Avenue, Colchester, CO5 8EZ (Colchester City Council) was allowed on 5 August 2026 by Inspector C Walker, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the living conditions of neighbouring residents, with particular regard to the potential for overlooking and loss of privacy.

described in the application form as ‘the removal of the installed Cabrio windows x 2 on the rear elevation and installation of 2 x 940 x 2520mm fixed and sloped Velux Windows with the bottom panel to have a frosted or opaque vinyl applied

Authority
Colchester City Council
Appeal type
householder · Householder
Procedure
Written
Development
residential
Inspector
C Walker
Postcode
CO5 8EZ

Main issues, as the Inspector framed them

  • The effect of the proposal on the living conditions of neighbouring residents, with particular regard to the potential for overlooking and loss of privacy

What decided it

The proposed Velux windows, with their fixed lower glazed panels and top-hung upper openings, would not enable the same intrusive overlooking as the Cabrio windows because occupants could not stand forward of the roof plane to obtain materially wider views.

What the Inspector cited

Development plan policies
Policy SP7 of Section 1 of the Colchester Borough Local Plan (2021)Policy DM13 of Section 2 of the Colchester Borough Local Plan (2022)Policy DM15 of Section 2 of the Colchester Borough Local Plan (2022)

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 applied

The decision letter

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More decisions in Colchester City Council

The authority’s record since 2016 · every decision in 2026

  1. Dismissed19 October 20266009296
    Land West of Priory Road, Tiptree, Colchester, CO5 0QE
  2. Allowed8 October 20266009395
    Land North of Coggeshall Road, Marks Tey, Colchester, CO6 1LT
  3. Dismissed2 October 20266005014
    7 East Mersea Road, West Mersea, CO5 8SL
  4. Dismissed2 October 20266005011
    7 East Mersea Road, West Mersea, CO5 8SL
  5. Allowed24 September 20266009382
    Land at Colchester Rd, Colchester, CO6 3JX

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.