Separation distance between dwellings reduced by more than half

A condition imposed at appeal which required a development of up to 85 dwellings in Warwickshire to be sited a minimum of 40 metres away from existing houses has been judged to be overly restrictive and unnecessary, an inspector preferring the appellant's suggested distance of 13 metres.

The original condition had been imposed in order to protect the amenity and privacy of existing residents and to maintain the character of the area. But the existing houses had rear gardens of between 21 metres and 32 metres in length so requiring the new units to be sited a further 40 metres from the boundary would lead to a separation distance in excess of 60 metres from the facing elevations of properties. Typically a distance of between 21 and 23 metres was used as a yardstick for assessing whether there would be any loss of privacy, the inspector held, and the resultant distances would be well in excess of this guide. Since the appeal site was not elevated above the existing houses and the field would in any event be largely lost due to the planned housing he saw no reason to maintain  the 40 metre separation and imposed a minimum distance of 13 metres.

Inspector: Ian Radcliffe; Written representations

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