167 Worplesdon Road, Guildford, Surrey, GU2 9XD
Guildford Borough Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 31 January 2024
- Authority
- Guildford Borough Council
- Inspector
- Sargent J
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Householder developments
- Appellant
- Vijay Vendra Prakash
- LPA reference
- 23/P/00731
- ONS LPA code
- E07000209
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 27 October 2023
Summary AI
The appeal was allowed for a single-storey rear extension at 167 Worplesdon Road, as the inspector found no undue harm to neighbouring properties' living conditions. The development's design was deemed adequate and not incongruous with the surrounding area.
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167 Worplesdon Road, Guildford, Surrey, GU2 9XD — Guildford Borough Council — Appeal Decision Site visit made on 24 January 2024 by JP Sargent BA(Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 31 January 2024 Appeal Ref: APP/Y3615/W/23/3325901 167 Worplesdon Road, Guildford, Surrey GU2 9XD • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Dr Vijay Vendra Prakash against Guildford Borough Council. • The application Ref 23/P/00731, is dated 28 April 2023. • The development proposed is a single-story rear extension with pitched roof. Decision 1. The appeal is allowed and planning permission is granted for a single-storey rear extension with pitched roof at 167 Worplesdon Road, Guildford, Surrey GU2 9XD, in accordance with the terms of the application, Ref 23/P/00731, dated 28 April 2023. Procedural Matters and Main Issues 2. Although I have noted the description of development on the application form, in the interests of brevity I have used above the description offered by the Council. 3.
167 Worplesdon Road, Guildford, Surrey, GU2 9XD — Guildford Borough Council — Appeal Decision The development appeared to have been already constructed when I visited, though for the avoidance of doubt I confirm my assessment has been based on what is shown on the submitted plans. 4. The Council raised no concerns about the scheme, recommending that planning permission be granted. However, having regard to the submissions before me, including the previous refusal for similar works, I consider the main issue in this case to be the effect of the scheme on the living conditions of residents at 165 and 169 Worplesdon Road. Reasons 5. No 165 has a large window at ground floor level next to the shared boundary with No 167. However, I anticipate that from here views of this single-storey development and its effect on light levels are limited, due to the intervening fence, and because the extension before me is to the north and set back some 1-1.5m from the boundary. Accordingly, whilst the appellant’s scheme might well be visible from that neighbouring window, it is not unduly dominant or oppressive, and any effect it has on outlook, daylight or sunlight is not unreasonable. 6.
167 Worplesdon Road, Guildford, Surrey, GU2 9XD — Guildford Borough Council — Appeal Decision There is a similar window in a rear extension to No 165, but this is well away from the boundary and set further back, so the appellant’s scheme could only be seen obliquely from there. This neighbouring house has another window at https://www.gov.uk/planning-inspectorate
167 Worplesdon Road, Guildford, Surrey, GU2 9XD — Guildford Borough Council — Appeal Decision There is a similar window in a rear extension to No 165, but this is well away from the boundary and set further back, so the appellant’s scheme could only be seen obliquely from there. This neighbouring house has another window at https://www.gov.uk/planning-inspectorate
167 Worplesdon Road, Guildford, Surrey, GU2 9XD — Guildford Borough Council — Appeal Decision Appeal Decision APP/Y3615/W/23/3325901 first floor level in its end gable, but again this is away from the boundary and would offer views that would be mainly over the extension. As a result, the outlook or light enjoyed in these rooms would not be unduly harmed. 7. A window is in the side elevation of the appellant’s extension, but from there the boundary fence substantially impedes views towards the ground floor rear rooms and garden of No 165. The top of that neighbour’s first floor rear window could be seen, but that does not allow any meaningful view into that room. There is therefore no undue loss of privacy. 8. Turning to the effect on No 169, the development is away from the boundary, and there is an intervening pitched roof garage. Therefore, the works would not have an oppressive or dominant effect on that property or take away daylight or sunlight. There is a window in the utility room that faces towards No 169. However, a gate and a drive are in between, while there is also a further window in the appellant’s property that is not subject of this appeal but which has a far more direct relationship with that neighbouring house.
167 Worplesdon Road, Guildford, Surrey, GU2 9XD — Guildford Borough Council — Appeal Decision The scheme therefore does not exacerbate any loss of privacy experienced by those residents. 9. Accordingly, I conclude that the scheme does not detract unreasonably from the living conditions at 165 and 169 Worplesdon Road, and so does not conflict with Policies H4 and D5 in the Guildford Borough Council: Development Management Policies, which together seek development that does not have an unacceptable effect on the amenity of existing residents. Other Matters 10. I consider the development’s design adequately reflects that of the dwelling, and given the diversity of rear additions in the area, is not incongruous. Conditions 11. The Council suggested conditions concerning the commencement of the development, the use of matching materials and the need for compliance with the plans. However, as it appears the development has been completed I consider none of those to be necessary. Conclusion 12. I conclude that the appeal should be allowed.
167 Worplesdon Road, Guildford, Surrey, GU2 9XD — Guildford Borough Council — JP Sargent INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Living conditions For appellant ¶5
The inspector anticipated that the extension would not have a significant impact on light levels or views from neighbouring windows, given its position and set back from the boundary.
Living conditions For appellant ¶6
The inspector concluded that the extension would not significantly affect the outlook or light enjoyed in neighbouring rooms, due to the intervening fence and position of the extension.
Living conditions For appellant ¶7
The inspector found that the boundary fence substantially impeded views towards the ground floor rear rooms and garden of No 165, and that the top of the neighbour's first floor rear window could be seen but did not allow meaningful view into that room.
Living conditions For appellant ¶8
The inspector concluded that the development would not have an oppressive or dominant effect on No 169, and would not take away daylight or sunlight.
Living conditions For appellant ¶9
The inspector found that the scheme did not exacerbate any loss of privacy experienced by residents at No 169.
Policies relied on
| Reference | Weight |
|---|---|
| Policies H4 and D5 in the Guildford Borough Council: Development Management Policies |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 31 January 2024 under the Open Government Licence.