The proposed extension will have an impact on the objector’s views over private rear gardens, however, there is no entitlementto a view under the planning legislation.
Two new larger windows are proposed on the side elevation of the existing dwellinghouse, facing the neighbour’s garage and toilet window. There is concern that this could result in privacy issues if the upper floor window is left open.
The proposed upper floor windows are for the re-positioned bathroom and en-suite and will be obscure glass. As they are not habitable rooms the potential for privacy issues are minimal, and they face on to the side elevation of No. 223.
Whitelees is a well designed and pleasant area of Cumbernauld due to space, greenery and open aspects. It is only properties with sufficient sized gardens where large extensions have been constructed.
While the above is noted, it is considered that there is sufficient garden ground to accommodate the proposal. It should also be noted that a single storey ‘permitted development’ rear extension could take up more of the garden ground than the proposed two-storey extension.
The objector’s wife, who is registered disabled, considers the amended proposal to be
worse that the original as the views from the rear of the property will be affected.
Unfortunately, as before, there is no entitlement to a view under the planning legislation, although the north and west views will remain unaltered.
There is still concern that workmen will require to enter the objector’s land. This is a legal matter and not a material planning consideration.
The applicant has given no consideration to anyone living in the immediate vicinity. Unfortunately, it is impossible to know if the applicant has given due consideration
to adjacent neighbours, although the extension is considered acceptable from a planning viewpoint.
In accordance with Section 25 of the Town and Country Planning (Scotland) Act 1997, planning decisions must be made in accordance with the development plan unless material considerations indicate otherwise. The proposal is in accordance with the Local Plan and the design, scale and location of the extension is considered acceptable. Furthermore, the remaining rear garden space is adequate, as it will leave a rear garden depth of 6 metres and a total rear garden area of approximately 52 square metres.
Notwithstanding the concerns raised by the objector, and discussed in Section 3, it is recommended that planning permission be granted.