Case 3369196

19 Battery End, Newbury, West Berks, RG14 6NX

West Berkshire District Council — appeal dismissed

Outcome
Dismissed
Decision date
5 November 2025
Authority
West Berkshire District Council
Inspector
Wilson D
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Householder developments
Appellant
Mr and Mrs Stacey
LPA reference
25/01020/HOUSE
ONS LPA code
E06000037
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 July 2025

Summary AI

The appeal for a loft conversion with alterations to eastern 1st floor windows and rear elevation was dismissed due to the inspector's finding that condition 4, which requires obscure glass on the eastern 1st floor windows, is reasonable and necessary to protect the living conditions of neighbouring occupiers.

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

PDF text

Page 1 · Chunk 0 by D Wilson BSc (Hons) MRTPI

19 Battery End, Newbury, West Berks, RG14 6NX — West Berkshire District Council — by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 05 November 2025

Page 1 · Chunk 1 19 Battery End, Newbury, West Berks, RG14 6NX

19 Battery End, Newbury, West Berks, RG14 6NX — West Berkshire District Council — 19 Battery End, Newbury, West Berks, RG14 6NX • 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 and Mrs Stacey against the decision of West Berkshire District Council. • The application Ref 25/01020/HOUSE was approved on 1 July 2025 and planning permission was granted subject to conditions. • The development permitted is loft conversion with alterations to eastern 1st floor windows and rear elevation. • The condition in dispute is No 4 which states that: The windows hereby approved at first floor level in the east elevation shall be fitted with obscure glass before the roof conversion/extension hereby permitted is occupied. The obscure glazing shall be permanently retained in that condition thereafter. • The reason given for the condition is: To prevent overlooking of adjacent properties/land, in the interests of safeguarding the privacy of the neighbouring occupants. This condition is applied in accordance with the National Planning Policy Framework, Policy DM30 of the West Berkshire Local Plan Review 2023-2041, and the Quality Design SPD.

Page 1 · Chunk 2 throughout the day resulting in a loss of privacy for the occupiers of No 19.

19 Battery End, Newbury, West Berks, RG14 6NX — West Berkshire District Council — throughout the day resulting in a loss of privacy for the occupiers of No 19. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 throughout the day resulting in a loss of privacy for the occupiers of No 19.

19 Battery End, Newbury, West Berks, RG14 6NX — West Berkshire District Council — throughout the day resulting in a loss of privacy for the occupiers of No 19. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 throughout the day resulting in a loss of privacy for the occupiers of No 19.

19 Battery End, Newbury, West Berks, RG14 6NX — West Berkshire District Council — throughout the day resulting in a loss of privacy for the occupiers of No 19. Appeal Decision APP/W0340/W/25/3369196 5. The living roof would screen some views towards No 19, however, this would take some time to establish and there is no guarantee that the planting on this roof would be retained at a suitable height to restrict views. Furthermore, while I note the parapet wall, this is at a low height and would not prevent all views towards No 19 and the properties garden. 6. I acknowledge that there are existing windows at the appeal property that face towards No 19 which are not restricted to being obscure glazed and therefore allow views towards the property and that windows that serve this elevation of No 19 relate to non-habitable rooms. However, the proposed development introduces new windows on this elevation which, for the reasons outlined would worsen the effect on the privacy of neighbouring occupiers. In any case, the existing situation of overlooking does not justify a loss of privacy continuing or worsening when a condition could control this and protect the living conditions of neighbouring occupiers. 7. I therefore conclude that condition 4 is reasonable and necessary in protecting the living conditions of neighbouring occupiers with regard to privacy.

Page 2 · Chunk 5 throughout the day resulting in a loss of privacy for the occupiers of No 19.

19 Battery End, Newbury, West Berks, RG14 6NX — West Berkshire District Council — throughout the day resulting in a loss of privacy for the occupiers of No 19. The condition is in accordance with Policy DM30 of the West Berkshire Local Plan Review 2023- 2041, Paragraph 135 of the National Planning Policy Framework and guidance contained within the Quality Design – West Berkshire Supplementary Planning Document Series Part 1 Achieving Design Quality June 2006. Amongst other things, these seek to ensure that there is no unacceptable harm in terms of overlooking of land and buildings that results in a harmful loss of privacy and provides a high standard of amenity for existing users. Other Matters 8. The proposed development includes a living roof and while I acknowledge that obscuring the eastern facing window would restrict some views of this space, this would not interfere with the duty to conserve and enhance biodiversity. There is another window that serves the bathroom, which along with the generous outside spaces would still allow the living roof to be appreciated. Conclusion 9. For the reasons given above the appeal should be dismissed.

Page 2 · Chunk 6 D Wilson

19 Battery End, Newbury, West Berks, RG14 6NX — West Berkshire District Council — D Wilson INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Living conditions
Against appellant
¶7

The proposed development introduces new windows on the elevation which would worsen the effect on the privacy of neighbouring occupiers, despite existing windows not being restricted to obscure glass.

Policies relied on

Reference Weight
Policy DM30 of the West Berkshire Local Plan Review 2023-2041, Paragraph 135 of the National Planning Policy Framework,
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 5 November 2025 under the Open Government Licence.