BCP Council (Bournemouth Area): Neil McKeon has recently won a householder appeal against BCP Council and secured planning permission for two storey extensions, roof space conversion, dormers and new gable to a detached dwelling in Southbourne.

During the course of the application, the architect (LMA Architects) and the Case Officer agreed to amend the plans to reduce the eaves, remove the front dormer and step in the first floor side extension to avoid any harmful impacts upon the amenity of the neighbouring house. Whilst there was no objection to the design style or the impact on the character and appearance of Kimberley Road, the Council refused the application on grounds of overbearing and oppressive impact upon the neighbour’s amenity from this first floor side/rear extension.

Following the decision, Pure Town Planning were instructed to challenge the decision at appeal. Neil prepared a robust statement of case, which countered the Council’s objections of oppression to the side elevation windows of the neighbouring house and resulting harm to the living conditions and light and outlook.

The Inspector’s assessment noted that the amenity to the ground floor window to the neighbouring property would not be overtly impacted. The Inspector determined that the upper floor windows would not see an overbearing or oppressive harm from the proposed extensions – ensuring an acceptable outlook was retained and the neighbour’s living conditions safeguarded. This relationship was considered acceptable “in the context of the close-knit residential development characteristic of this area.” As such, the Inspector overturned the decision and allowed the appeal – serving as vindication for the architect’s design being fully policy compliant.

If you have recently been refused planning permission and would like to discuss the appeal option, then why not call Pure Town Planning on 01202 585524, or email info@puretownplanning.co.uk to see how we can help you.