1A Jarvis Close, EXMOUTH, DEVON, EX8 2PX
East Devon District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 17 April 2024
- Authority
- East Devon District Council
- Inspector
- Pope N
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- MS GILL PARRY
- LPA reference
- 22/1516/FUL
- ONS LPA code
- E07000040
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 30 January 2024
Summary AI
The appeal was dismissed due to concerns over the proposed dwelling's design, specifically the window placement which would lead to overlooking of the neighbouring garden.
PDF text
1A Jarvis Close, EXMOUTH, DEVON, EX8 2PX — East Devon District Council — Appeal Decision Site visit made on 15 April 2024 by Neil Pope BA (HONS) MRTPI an Inspector appointed by the Secretary of State Decision date: 17 April 2024 Appeal Ref: APP/U1105/W/23/3327760 1A Jarvis Close, Exmouth, Devon, EX8 2PX. • 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 Gill Parry against the decision of East Devon District Council. • The application reference is 22/1516/FUL. • The development proposed is the construction of additional two storey dwelling with associated car parking and amenity space. Decision 1. The appeal is dismissed. Reasons 2. The proposal would entail the more efficient use of urban land for housing and would add to the mix, choice and supply1 of homes available within this part of the district. The development would be finished to match the appearance of the existing house and would be conveniently located to a wide range of services and facilities. Mitigation would be provided to avoid any adverse effect upon the Pebblebed Heaths and Exe Estuary Special Protection Area.
1A Jarvis Close, EXMOUTH, DEVON, EX8 2PX — East Devon District Council — Appeal Decision The proposal accords with the broad thrust of national2 and local planning policies3 for the provision of new housing and biodiversity. 3. However, national and local planning policies also require new development to provide a high standard of amenity for existing and future users. In this regard, I share the Council’s concern that the proposed window in eastern most bedroom, which would be immediately above and directly overlook the garden of the existing dwelling, would fail to ensure adequate privacy existed for neighbouring residents when using this external amenity space. Even if this window was fitted with obscure glazing, there would still be a harmful sense of overlooking of this garden and unless the window was fixed shut, such glazing would serve little purpose. At best, residents of the existing dwelling would be likely to feel very uncomfortable when using their garden area. The proposal conflicts with the amenity provisions of the Framework and LP policy D1 3(e). 4. When all of the above is weighed together, the adverse impact of the development, namely the unacceptable overlooking of garden space for occupiers of the existing dwelling, significantly and demonstrably outweighs the benefits.
1A Jarvis Close, EXMOUTH, DEVON, EX8 2PX — East Devon District Council — Appeal Decision I therefore conclude that the appeal should not succeed.
1A Jarvis Close, EXMOUTH, DEVON, EX8 2PX — East Devon District Council — Neil Pope Inspector 1 I understand that the Council is unable to demonstrate a deliverable five year supply of housing. 2 The National Planning Policy Framework (the Framework). 3 Policy H2 and Strategies 6, 47 and 48 of the East Devon Local Plan 2013-2031 (LP). https://www.gov.uk/planning-inspectorate
Main issues and findings
Living conditions Against appellant ¶4
The window would allow residents of the existing dwelling to feel uncomfortable when using their garden area, despite the potential use of obscure glazing.
Policies relied on
| Reference | Weight |
|---|---|
| NPPF 208 |
Determinative |
| LP policy D1 3(e) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 17 April 2024 under the Open Government Licence.