[2024] UKUT 112 (LC)

The new houses would to some extent overlook some of the townhouses. The new houses will be opposite numbers 8, 9, 10 and 11 and at a distance of some 20 metres apart. We anticipate that the first floor windows will be at broadly similar heights and there will inevitably be some intrusion at that level. We noted from our inspection that the full height windows on the first floors of the townhouses are in the third and fourth bedrooms. The lounge space at first floor level faces west. From the first floors the occupiers of the new houses would be able to look down into the ground floors of the town houses but at that level there is only one, relatively small, street facing window which serves the kitchen. However, we consider that there is reasonable separation between the two groups of dwellings and the ability to restrict any overlooking in this context is not a practical benefit of substantial advantage.

The rear windows of the proposed houses face the garden of Forest House, and it is impossible to tell from the plans we have whether the lower part of the garden of Forest House will be overlooked from the first floor windows of either of the new houses. If it is, it will not be to a great extent; it is clear that the bottom of those first floor windows will not be above the wall. Accordingly, any overlooking will be minimal and we do not regard the prevention of that overlooking as a practical benefit of substantial advantage.