Appeal against a refusal of planning permission to vary a condition on a previous consent

Appeal Allowed (Full Planning Permission Granted) on 13 September 2024

appeal in Windsor

11 Ricardo Road,
Old Windsor,
Windsor
SL4 2NU

Council: Royal Borough of Windsor and Maidenhead

We are delighted to have helped clients in Old Windsor to overturn a refusal by the Royal Borough of Windsor & Maidenhead to vary a condition on their original planning permission for a rear extension.

The appeal related to a proposal for a part two-storey, part single-storey front/side extension and a first-floor rear extension, with amendments to increase the depth of the first-floor rear element by one metre while slightly reducing the ground floor depth.

Why the Appeal Succeeded

Respects Local Character

The inspector agreed with us that first-floor extensions are common in the area and an integral part to the local character. The proposed changes, despite adding a metre to the rear extension, were considered compatible with the host property and surrounding homes. The design, materials, and scale were deemed in keeping with the neighbourhood and would not appear overly dominant or incongruous.

No Harm to Appearance or Neighbours

The amended plans did not negatively impact the appearance of the property from surrounding roads or the street scene. The extension’s bulk and proportions were found to complement the local setting, while conditions to obscure-glaze first-floor flank windows ensured privacy for neighbouring properties.

Alignment with Policies

The proposal complied with local and national planning policies, including Policy QP3 of the Windsor & Maidenhead Local Plan and the National Planning Policy Framework. These policies emphasise high-quality, sustainable designs that enhance local character.

Key Lessons from This Case

  • Propose Contextual Designs: Extensions that align with the character of the surrounding area and reflect local architectural trends are more likely to gain approval.
  • Mitigate Neighbour Impacts: Measures like obscure glazing and careful positioning can address concerns about privacy and light.
  • Policy Compliance is Critical: Ensure proposals are in line with local and national planning policies to strengthen your case for approval or appeal.
  • Varying Permissions is Possible: Even with previous approvals, amendments to designs can succeed if they remain sensitive to planning considerations.

Need Help with a Planning Problem? Contact Us!

If you’ve had a planning application refused or need help navigating planning conditions, we can help. At Just Planning, we specialise in turning refusals into approvals by providing expert advice and managing appeals on your behalf. Contact us now for a free assessment.

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