Annex A Privacy, Daylighting and Amenity Space
A.1 Policy BE 2 ‘Privacy, Daylighting and Amenity Space’ of the Plan seeks to ensure good design, particularly in residential areas, by ensuring that adequate space about buildings is achieved. This annex provides additional guidance and standards on privacy, daylighting and amenity space to assist in evaluating the acceptability of development proposals. In order to achieve adequate space around buildings, proposals should accord with the Privacy, Daylighting and Amenity Space Standards set down in Table A 1 at the end of this annex, subject to the advice below.
A.2 PPG3 promotes the use of more sustainable patterns of development by making more efficient use of land. This can be achieved by maximising the re-use of previously developed land through high density schemes that incorporate innovative design and layouts. The conversion and re-use of existing buildings including the use of upper floor space over shops, can provide an important source of additional housing, particularly in town centres. PPG 3 also advocates that policies should be adopted to promote such conversions, by taking a more flexible approach to development plan standards with regard to (amongst other things) overlooking. It is therefore considered that in some instances it may not be appropriate or possible to achieve the recommended distances included within Table A 1 and that a more pragmatic approach may be taken in respect of space about building requirements. Examples where this could occur include residential proposals for change of use, conversions, flat developments, infill developments, developments in town centres, and other forms of residential proposal may also be considered appropriate where they can achieve wider UDP objectives. Such cases will be judged on their merits, but it will still be necessary to ensure the amenity of the occupiers of the proposed and surrounding dwellings and that the development potential of any adjacent land or building is not compromised.
A.3 One particular area where there is an opportunity for a degree of flexibility is on the public or street side of a dwelling where privacy expectations are generally lower. In certain instances, due to changes in ground levels, development may have the potential to significantly overlook or overshadow an existing dwelling or be affected by existing properties. In these cases separation distances should be greater than the minimum set out within Table A 1 below. Factors that should be taken into consideration in determining planning applications include:-
- the design of a dwelling or extension in relation to its effect on the existing form of development and the appearance of the streetscape;
- levels (developers may be required to submit details of existing and proposed ground and finished floor levels);
- privacy, aspect and overshadowing;
- the use of permanent screening (although the use of soft landscaping and boundary treatment could also assist in screening);
- whether an extension replaces an existing extension or outbuilding; and
- the orientation of the proposal in relation to the sun.
A.4 Therefore, the information within Table A.1 is not hard and fast rules, but provides an indication of standards which will be applied with a measure of flexibility in appropriate circumstances, an approach which as highlighted above, is supported by PPG3.
A.5 Private garden areas are normally expected to be provided in new residential developments. Ordinarily, these must be of an adequate size, shape and level and should be in proportion with the dwelling proposed, size of plot and general character of the area. However, these requirements must be offset against the desire to achieve higher density developments, which could result in the provision of small scale easily managed gardens and private amenity spaces. That part of the private garden area sited immediately adjacent to the dwelling and primarily used for sitting out in should not be directly overlooked from other properties or gardens and measures to improve privacy should be considered. Balconies, roof gardens and first floor patios can adversely affect the privacy of neighbours and will generally be unacceptable.
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ASPECT CONSIDERED DESIGNS |
MINIMUM DISTANCES |
BASIC DESIGNS |
| Where window locations are known, site layout plans should be annotated to show clearly the position of all main and subsidiary
windows to the proposed dwellings and any adjacent dwellings. The following definitions will be applied where the above requirement
has been met. NOTES 1. MAIN ASPECT - main windows to lounge/living rooms, dining rooms and conservatories 2. SECONDARY ASPECT - windows to kitchens, bedrooms, study, and subsidiary windows to lounge/living and dining rooms. 3. SIDE ASPECT - includes blank walls, windows to non-habitable rooms and walls to non-residential buildings. |
The following space standards will be applied in assessing residential development proposals including extensions. | The following definitions will be applied where the design has not been decided or where the development is adjacent to existing
development where aspects cannot be determined. These definitions will also be used where no indication is made of aspects
etc, and where it is not possible to make assessments on the basis of main, secondary and side aspects. NOTES 1. FRONT - the public approach side to the dwelling from the street or main pedestrian route; OR architecturally the main elevation if this is elsewhere. 2. BACK - principal private garden side of the dwelling. 3. SIDE - wall of dwelling containing no habitable room windows. 4. BOUNDARY - limit of the curtilage of the dwelling. |
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MAIN to MAIN |
21 metres |
FRONT TO FRONT; FRONT TO BACK; BACK TO BACK |
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MAIN TO SECONDARY |
18 metres |
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SECONDARY TO SECONDARY |
15 metres |
FRONT TO SIDE; BACK TO SIDE |
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MAIN TO SIDE |
12 metres |
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SECONDARY TO SIDE |
9 metres |
BACK TO BOUNDARY |
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4. Where the adjacent site or land undeveloped but allocated for (and suitable for) development |
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5. Where the adjacent site or land is undeveloped but allocated for (and suitable for) development |
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MAIN TO SECONDARY |
10.5 metres |
BACK TO BOUNDARY; FRONT TO BOUNDARY |
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SECONDARY TO BOUNDARY |
7.5 metres |
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SIDE TO BOUNDARY |
1.5 metres |
SIDE TO BOUNDARY |
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THE EFFECT OF SLOPES OVERLOOKING |
A.6 ANGLE OF OVERLOOKING
In addition to the consideration of distances between windows in the above standards, development will normally only be permitted where facing habitable room windows do not fall within a primary sector defined by drawing lines at 45o to the wall from both sides of the window opening and being of the minimum length set out in the preceding standards (refer to paragraph A.2 for further guidance). The following diagram illustrates these requirements:-
How to Define the Primary Sector
(a) A primary sector of view will be defined from habitable room windows by drawing a 45o line from both sides of the window.
Picture A.1 Definition of a Primary Sector
(b) Facing habitable room windows will not normally be allowed where they are within the minimum distance for aspect considered designs (Table A.1) and each window falls within the primary sector measured from the opposing window (refer also to paragraph A.2).
Picture A.2 Facing Habitable Room Windows
Possible Exceptions to Standards
- There may be a need for making exceptions to the standards, particularly when assessing alterations or conversions to Listed and historic buildings, developments in Conservation Areas, change of use proposals, conversions, flat developments, infill developments, developments in town centres, and other forms of residential proposal which may achieve wider UDP objectives. In such cases proposals will be assessed on their individual merit.
- Windows to non-habitable rooms - where these would otherwise not meet the standards stated they may be obscure glazed or positioned at high level in the room.
- Screening - screening between habitable room windows may allow distances of less than those stated. However, the screening should result in no undue loss of light to habitable room windows. Screens should generally rise 2m above ground level and be built of appropriate durable materials.
A.7 DEFINITIONS
Habitable rooms include: Lounge/Living Room, Dining Room, Conservatory, Kitchen, Bedroom, Study
Non-habitable rooms include: Bathroom, Lavatory, Utility Room, Hall, Storm Porch, Stairway, Landing, Garage
Subsidiary Windows - These are second or subsequent windows, much smaller than the main window. Their purpose is mainly to obtain slightly more
light or ventilation to a part of a room rather than to secure views out.
Obscure Glazing - This means patterned or frosted glass/glazing materials which lets in light but prevents clear vision through.
High level Windows - Windows with a sill set at a high level to allow light and ventilation to enter a room but making viewing out more difficult.
Skylights usually have a similar function.
Screening – Permanent walls and fencing used to overcome privacy problems. They will generally be higher than eye level.
Main Aspect - Main windows to Lounge/Living Rooms, Dining Rooms and Conservatories.
Secondary Aspect - windows to habitable rooms, but not the Main Aspect. (Windows serving rooms that are used for both kitchen and dining purposes
can be classed as either Main or Secondary Aspect. Each case will be judged on its merits. (Factors that will assist in this
assessment include the usage of the room directly adjoining a principal window and the availability of other rooms for dining).
Side Aspect - Blank walls and walls only containing windows to non-habitable rooms, and walls to non-residential buildings.
Front Elevations - For the purposes of these guidelines, the front elevation is taken to mean the elevation which combines as many as possible
of the following:-
- it faces the street or 'main’ street (where terraces have alternate front and back streets)
- it faces the main garden area of the property
- it contains the main windows to the lounge/living room
- it has the main architectural features that unify the building and give its character, e.g. bay or mullioned windows, front doors, distinctive stonework
Rear Elevations – For the purposes of these guidelines, the rear elevation is taken to mean the elevation which combines as many as possible of the following:-
- it faces the 'back’ street (where terraces have alternative front and back streets)
- it faces the rear yard/garden
- it contains kitchen, dining room or subsidiary windows
- it has existing extensions or outbuildings
Boundary - The limit of the curtilage of a dwelling.
A.8 HOUSE EXTENSIONS
Not all house extensions require planning permission. Where they do, the recommended window standards outlined in Table A1 will apply together with the following additional requirements:-
(A) EXTENSIONS TO BACK-TO-BACK HOUSES AND TO THE FRONT OF THROUGH TERRACES
Planning permission will not normally be granted for applications for extensions to back-to-back houses, or the front elevation of through terrace houses which comprise:-
- extensions of two or more storeys;
- single storey extensions projecting more than 2 metres from the front main wall of the property;
- single storey extensions projecting 2 metres or less which cross a 45o line drawn from the centre of the nearest main aspect window of the adjoining house(s).
The above information is portrayed in the following diagrams:
(B) EXTENSIONS TO REAR OF THROUGH TERRACE HOUSES
Planning permission will not normally be granted for applications for extensions at the rear of through terrace houses which comprise:-
- any extension projecting 3 metres or more;
- single storey extensions projecting over 2 metres which cross a 45o line drawn from the centre of the nearest main aspect window of the adjoining house.
- extensions of two or more storeys (of any depth) which cross a 45o line drawn from the centre of the nearest main aspect window of the adjoining house.
The above information is portrayed in the following diagrams:
Picture A.3 For Single Storey Extensions to Rear of Through Terrace Houses
Picture A.4 For Two or More Storey Extensions to Through Terrace Houses
(C) EXTENSIONS TO SEMI-DETACHED HOUSES
Planning permission will not normally be granted for applications for extensions to semi-detached houses which comprise:-
- single storey extensions projecting over 3 metres which cross a 45o line drawn from the centre of the nearest main aspect window of the adjoining house.
- extensions of two or more storeys projecting over 2 metres which cross a 45o line drawn from the centre of the nearest main aspect window of the adjoining house.
Extensions to the side of semi-detached houses can cause both visual and practical problems and the variety of these means that it is not possible to generalise in this guidance. However, in considering applications for extensions to the side of these properties, regard should be had to the appearance, overshadowing, overlooking and other practical effects and to the standards in other relevant parts of this guidance and to relevant UDP Policies.
The above information is portrayed in the following diagrams:
Picture A.5 For Single Storey Extensions to Semi-Detached Houses
Picture A.6 For Two or More Storey Extensions to Semi-Detached Houses
(D) EXTENSIONS TO DETACHED HOUSES
The variety of such cases means that general rules cannot be made. However, the minimum space standards set out will apply.