Case 3363847

52 Savage Lane, SHEFFIELD, S17 3GW

Sheffield City Council — appeal allowed

Outcome
Allowed
Decision date
16 July 2025
Authority
Sheffield City Council
Inspector
Wilson L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Householder developments
Appellant
Mr Peter White
LPA reference
24/02143/FUL
ONS LPA code
E08000019
Jurisdiction
Transferred
Link status
Not Linked
Start date
23 April 2025

Summary AI

The appeal was allowed as the Inspector concluded that removing condition 5 would not have an unacceptable effect on the living conditions of the occupiers of 58 Savage Lane. The condition relates to obscure glazing for certain windows, but the Inspector found that the windows in question are not in a location where they would have a significant impact on the occupiers' privacy.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 by L Wilson BA (Hons) MA MRTPI

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — by L Wilson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 16 July 2025

Page 1 · Chunk 1 52 Savage Lane, Sheffield S17 3GW

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — 52 Savage Lane, Sheffield S17 3GW • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a grant of planning permission subject to conditions. • The appeal is made by Mr Peter White against the decision of Sheffield City Council. • The application Ref 24/02143/FUL was approved on 10 October 2024 and planning permission was granted subject to conditions. • The development permitted is alterations and extension to roof to form additional living space including raised ridge height, erection of single-storey extensions to both sides front and rear of dwellinghouse and alterations to existing garage to form additional living space (Amended scheme to replace 24/00068/FUL). • The condition in dispute is No 5 which states that: The proposed side windows to the side extension on the southeast elevation facing no. 58 Savage Lane shown in Proposed Ground Floor Plan Drawing No. 030_A_110 Rev. B, Proposed First Floor Plan Drawing No. 030_A_111 Rev. B, and Proposed Elevations 2 of 2 Drawing No. 030_A_131 Rev. B shall be fully glazed with obscure glazing to a minimum Level 4 Obscurity prior to the use commencing, and at no time thereafter shall these windows be glazed with clear glass.

Page 1 · Chunk 2 52 Savage Lane, Sheffield S17 3GW

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — 52 Savage Lane, Sheffield S17 3GW • The reason given for the condition is: In the interests of the amenities of adjoining property.

Page 1 · Chunk 3 living conditions of the occupiers of 58 Savage Lane.

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — living conditions of the occupiers of 58 Savage Lane. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 living conditions of the occupiers of 58 Savage Lane.

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — living conditions of the occupiers of 58 Savage Lane. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 5 living conditions of the occupiers of 58 Savage Lane.

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — living conditions of the occupiers of 58 Savage Lane. Appeal Decision APP/J4423/W/25/3363847 Reasons 4. The windows in question are adjacent to the boundary fence and serve numerous different rooms, including bedrooms, ensuite and storage room. These bedrooms are also served by an additional window, with the window facing the boundary being a secondary window. Furthermore, the room labelled as ‘storage’ also has a large roof light, which due to its size and height provides a meaningful outlook to the room. In addition, given the siting of the dwellings, the windows do not directly face No 58’s windows. The other windows on the side elevation are a significant distance from No 58. 5. Due to the topography of the area, No 52 sits higher than No 58 and the windows are higher than the boundary fence. Previously there was a boundary hedge and conifer between the properties which have been removed. 6. The key windows of No 58 which are visible from the windows in question serve a garage, hallway, landing, and a bathroom (which has obscure glazing). Whilst the landing gives access to the bedrooms and bathroom, these are not main windows and are not rooms which occupiers would spend a significant amount of time in. There is also a driveway separating the dwellings.

Page 2 · Chunk 6 living conditions of the occupiers of 58 Savage Lane.

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — living conditions of the occupiers of 58 Savage Lane. This driveway serves numerous dwellings and No 58’s windows are also visible from the driveway due to its openness. 7. The windows relating to condition 5 also have views of the front garden area of No 58. However, the main, private garden of No 58 is located towards the rear and is of a good size with direct access from the rear of the property and is enclosed by dense hedging. In contrast, the front garden area is not private due to the low boundary wall and vegetation as well as it’s location adjacent to the highway. The driveway also does not form part of No 58’s private amenity space. 8. Consequently, given the distance between the windows, use of No 58’s windows and garden as well as the nature of No 52’s windows, the proposal would not have an unacceptable effect on the living conditions of the occupiers of 58 Savage Lane. For the reasons set out above, I conclude that condition 5 is not reasonable or necessary and the removal of the condition would not result in unacceptable overlooking (including perception of overlooking) or loss of privacy. 9.

Page 2 · Chunk 7 living conditions of the occupiers of 58 Savage Lane.

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — living conditions of the occupiers of 58 Savage Lane. The removal of the condition would comply with Policy H14 of the Sheffield Unitary Development Plan (1998) which states, amongst other things, that development will be permitted provided that it would not deprive residents of privacy. In addition, it would not conflict with paragraph 135 of the National Planning Policy Framework. This states that developments should be sympathetic to local character and create places with a high standard of amenity for existing and future users. Furthermore, it would comply with the Council’s Designing House Extensions Supplementary Planning Guidance which states that extensions should protect and maintain minimum levels of privacy. 10. It has been highlighted that the obscure glazing condition relating to the western elevation (facing 50 Savage Lane) has been complied with. However, the appellant has only applied to remove condition 5, and the above specific circumstances justify the removal of the condition. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 living conditions of the occupiers of 58 Savage Lane.

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — living conditions of the occupiers of 58 Savage Lane. Appeal Decision APP/J4423/W/25/3363847 Conclusion 11. For the reasons given above the appeal should be allowed, and the original permission is varied by removing condition 5.

Page 3 · Chunk 9 L Wilson

52 Savage Lane, SHEFFIELD, S17 3GW — Sheffield City Council — L Wilson INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶8

The Inspector found that the proposal would not have an unacceptable effect on the living conditions of the occupiers of 58 Savage Lane, due to the distance between the windows and the nature of the rooms served by them.

Planning obligations
For appellant
¶9

The Inspector found that removing condition 5 would comply with Policy H14 of the Sheffield Unitary Development Plan (1998), which states that development will be permitted provided that it would not deprive residents of privacy.

Other
Against appellant

The Inspector noted that the obscure glazing condition relating to the western elevation has been complied with, but the appellant only applied to remove condition 5.

Policies relied on

Reference Weight
Policy H14 of the Sheffield Unitary Development Plan (1998)
Determinative
paragraph 135 of the National Planning Policy Framework
Substantial
Council’s Designing House Extensions Supplementary Planning Guidance
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 16 July 2025 under the Open Government Licence.