When Mr Jobanputra approached us in late 2024 for help with a refusal of planning permission, he had already been trying to get permission for extensions to his house in Croydon for several years and had suffered a series of setbacks.
The council’s sole reason for refusing the latest application for a dormer roof extension focused on concerns about visual intrusion and loss of privacy to the neighbouring property at 1 Grimwade Avenue.
The refusal was particularly frustrating given that a similar dormer had been granted permission in 2018, the current proposal was significantly smaller than a scheme refused in 2022 and, most galling of all, the case officer had actually recommended approval, but the planning committee had voted against it.
Our appeal strategy was to show that the council’s decision was inconsistent and unreasonable. We prepared a comprehensive appeal statement that systematically addressed each concern raised, supported by detailed analysis.
The Importance of Precedent
One of our core arguments was that the client has successfully established a precedent for this development. We highlighted the 2018 approval for an almost identical dormer extension, questioning the council’s inconsistent decision-making when no policy changes had occurred since then.
Precedent is important in planning – there is an expectation that planning decisions are consistent with earlier decisions of the same kind, unless there is a good reason for taking a different approach. If a different approach is to be taken, the council must clearly justify it.
A Reduction in the Size of the Proposal
Our appeal statement also emphasised that the current proposal represented a substantial reduction from the 2022 refusal, being similar in scale to the previously approved 2018 scheme – yet the council failed to acknowledge this improvement.
The Impact on Neighbours
The main issue in the appeal was the possible impact on living conditions at a neighbouring property. This is one of the main issues that can pop up when it comes to homeowner extensions, and our client certainly did not want to build anything that would directly harm any of his neighbours.
However, our view was that the dormer and rooflights would not cause any harm to the neighbour. Through detailed satellite imagery and analysis, we demonstrated that the new main bedroom window would look directly down our client’s own garden, meaning that only awkward, limited views towards the neighbour would be possible.
In any case, we pointed out that the neighbouring property was designed with most windows facing away from the appeal site. There was no possibility that our client would be able to look in through any habitable windows.
Finally, we pointed out that an existing first-floor window was actually closer to the neighbour than the proposed dormer window
There was also a suggestion that the dormer would look out of place. We showed that the dormer would be well-set in from roof edges, positioned below the ridgeline, and screened by mature boundary planting, making any visual intrusion minimal.
How to Assess Whether Your Extension Might Harm Your Neighbours
It often comes as a surprise to clients that there are not really any hard and fast rules when it comes to assessing whether an extension might harm neighbours. The assessment is often a matter of judgment, as there are few purely scientific or technical standards. Most extensions will have some impact, but the key question is whether that impact is considered unacceptable.
Potential harm to neighbours is typically assessed in terms of:
- A loss of light (both daylight and sunlight).
- A loss of outlook.
- Overlooking or a loss of privacy.
- An overbearing impact or sense of enclosure.
Councils often use supplementary planning documents (SPDs) that provide specific guidance and rules of thumb for assessing these impacts. In this appeal, the relevant SPD was Croydon’s ‘Residential Extensions and Alterations’ document.
Common methods include the 45-degree rule for assessing loss of light to neighbours’ windows and setting minimum separation distances between new windows or structures and neighbouring properties to protect privacy and outlook.
When considering the impact on windows, it’s particularly important to identify if they serve a habitable room (like a living room or bedroom), as these are specifically protected. Other material considerations, such as the orientation of properties relative to the sun, differences in land levels, existing boundary treatments, or whether the neighbour already has similar extensions, can also influence the assessment.
Providing clear, accurate plans and a good supporting statement helps demonstrate how your design minimises harm.
You might even consider putting yourself in your neighbour’s position to assess how you would feel about the proposal – if you would like your neighbour building what you are proposing, perhaps you should reconsider your plans!
The Inspector’s Decision
The appeal was ALLOWED in April 2025, with the Planning Inspector concluding:
“The proposal would not harm the living conditions of neighbouring occupiers with regard to privacy and outlook.”
The Inspector specifically found that:
- The bedroom window would provide only “oblique, rather than direct views” toward the neighbour
- The appropriate “massing, siting and scale” meant the proposal would not be “obtrusive, imposing or overbearing”
- The extension would be “of an appropriate scale and size to appear as subservient to the host dwelling”
Lessons for Homeowners
There are several important lessons we can learn from this case:
- A refusal is not the end of the road: Even when a planning committee goes against officer recommendation, a well-prepared appeal can succeed.
- Precedent matters: Previous approvals on the same site provide powerful evidence of acceptability.
- Evidence is Everything: Professional analysis and clear visual evidence can overcome subjective concerns.
- Technical Expertise counts: Understanding policy framework and inspector priorities is crucial for appeal success.
- Persistence pays: Despite multiple previous refusals on the site, the right proposal with proper presentation achieved success.
Refused Planning Permission? Contact us now!
A good planning consultant can turn unfair planning refusals into planning permissions. Just Planning is a planning appeal specialist – we help 100s of homeowners survive the planning system each year.
We have won dozens of appeals for dormer roof extensions. Check out our articles about recent successes here and here.
We have had recent success with dormer appeals in Ealing, Brighton, and Lambeth.
Our CEO, Martin Gaine, has written about some of our successes with dormer appeals in the Telegraph newspaper – the latest articles are here and here.
If you have been refused planning permission, please do not hesitate to get in touch for a free appraisal.
To learn more about the planning system, check out Martin Gaine’s bestselling book, How to Get Planning Permission: An Insider’s Secrets.
