Appeal against a refusal of planning permission for a two-storey wrap-around extension and loft conversion

Appeal Allowed (Full Planning Permission Granted) on 21 February 2023

three rivers appeal

59 Chestnut Avenue,

Council: Three Rivers District Council

This client had been trying for quite some time to get permission for two-storey extensions, but kept getting his planning applications refused.

This proposal was a revised scheme that tried to respond to the council’s concerns. The council was happy with the design of the extensions but was worried about a possible impact on a neighbour.

The case officer argued that the proposal breached the 45-degree rule (whereby extensions should not breach an imaginary line drawn at a 45 degree angle from a neighbour’s window), but these kinds of rules are guidance only and a failure to comply should not lead to an automatic refusal.

In this case, the appeal inspector agreed with us that there would be no material harm to the neighbour, partly because the existing house already breached the same 45 degree line. The inspector also noted tall hedging between the two properties.

We were delighted to win this appeal. Contact us if you too have been refused planning permission for a development and you suspect that the decision is unfair.

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