Refused for ‘terracing effect’ and neighbour impact – appeal allowed for two-storey extension

Appeal Allowed (Full Planning Permission Granted)

Address:

246 Windsor Road,
Maidenhead
SL6 2DT

Council:
Royal Borough of Windsor and Maidenhead

In this case, the council refused planning permission for a two-storey side and rear extension on two familiar grounds.

First, it argued that the side extension would close the gap to the neighbouring property and create a ‘terracing effect’, harming the character of the street.

Second, it argued that the extension would cause an unacceptable loss of light and outlook to side-facing windows at the neighbouring house.

Both of these are very common reasons for refusal — and both were wrong.

In our appeal statement, we addressed these points directly and in detail.

On character and appearance, we demonstrated that Windsor Road is a varied street, with a mix of detached, semi-detached and terraced properties, many of which have been extended in different ways. In that context, the idea that this particular gap made a meaningful contribution to the street was simply not correct.

We also showed that the design of the extension — including the setback at first floor level and the form of the roof — ensured that it would read as a subordinate addition, not as part of a terrace.

The inspector agreed. He concluded that the gap was not important to the character of the street and that the extension would not appear cramped, contrived or out of keeping. He also confirmed that design guidance requiring a one-metre gap should not be applied rigidly in this case.

On neighbour impact, we explained that the affected windows were side-facing and already experienced limited light and outlook due to their position next to the boundary and the existing building.

We supported this with a detailed daylight and sunlight assessment, which showed that, when properly assessed, the overall impact on the neighbouring property would be acceptable.

Again, the inspector agreed. He found that the neighbouring property already experienced a high degree of enclosure and limited light from these windows, and that the proposal would not result in any unacceptable additional harm.

Planning permission was therefore granted.

“Martin is nothing short of a miracle worker!! We have spent nearly 2 years battling with our local planning authority to get planning for a rear and side extension and getting absolutely no where. After our 2nd refusal and the council hinting at us having no chance of ever getting what we wanted I reached out to Martin in a rather panicked state. He was so approachable and he gave such clear, honest and no nonsense advice that we decided to instruct him for our appeal. Within 2 weeks our thorough appeal statement was written and submitted. Ours wasn’t a straight forward case and odds were stacked against us but I’m pleased to say that we were successful and WON our appeal all thanks to Martin. We are still in shock! It was the best news and we are forever thankful to him and would not hesitate to use him again in the future. Thanks again Martin!”

Becky Rance

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