[2025] UKUT 295 (LC)

In May 2021, some months after completion of the development at Hillside, the objectors obtained planning permission to demolish the dormer bungalow and replace it with a new three storey house of contemporary design.

With their application for planning permission the objectors submitted a “Landscape and Visual Impact Assessment”, prepared by ASA architects. In discussing the visual impact of the strikingly modern building proposed, it said:

“7.14

There is a glimpsed view of the site and house from Fairfield Road opposite the entrance driveway [at point X on the plan in this decision]. This is a transient view and is not likely to be significant or detrimental to the motorists experience. Views in front of the property are not possible due to the existing wall and mature hedging VP1.

8.2

The magnitude of change will be locally high from the neighbouring property, but as discussed, this impact can be perceived as positive or negative. The impact from the road would be low as only a transient glimpse would be possible.”

The Assessment stated that no new accesses were proposed, and none was shown on the approved plans.

Redevelopment took place over the following years and was reaching completion at the time of our site inspection. During that period a new vehicular access to Korobe from Fairfield Road was opened up at point Y on the plan above, by the demolition of a section of the traditional brick front wall and the removal of a section of the substantial evergreen hedge along the road frontage. The remaining hedge along the road frontage was reduced in height and width. A lamp-post on the street was moved so as not to obstruct the new access; Mr Hunt’s evidence (which we accept) was that all the lamp-posts in the village were being replaced by the local authority, and that he wanted the replacement to be lighting bollards instead of a post. As a compromise it was agreed that the new lamp-post would be in the location he wanted.

Korobe stands within a sloping plot of 0.65 acres. The newly developed property is a substantial three storey house of contemporary flat roof design providing 4,090 sq ft of estimated gross internal floor area. The first and second floors on the front elevation feature timber cladding and extensive glazing, floor-to-ceiling on the first and second floor. The stepped back structure allows for roof terraces at first and second floor levels. The ground floor comprises an entrance hall, plant room, storage areas, a wine cellar, and garaging. Mrs Hunt will have a studio at this level, facing out towards Hillside. The first floor comprises a landing and hallway, master bedroom with en-suite bathroom and walk-in wardrobe, guest bedroom with en-suite bathroom and walk-in wardrobe, two further bedrooms, a family shower room and a utility room. The first floor terrace at the front of the house includes an integral small swimming pool. The second floor comprises a living room, dining room, kitchen, sitting/TV room, WC, study and upper terrace. A lift at the centre of the property provides wheelchair access to all floors.

The view from the main living rooms and the terraces at Korobe is westwards over the Goring Gap, with Fairfield Road in the foreground. Hillside sits to the left hand side of the view, seen through the new access created into Fairfield Road, as shown in the photograph below. Claremont sits directly in the front of the view and Gap House sits to the right hand side, partially obscured by its own hedge.

The new opening means that the whole frontage of Korobe is open to view to passers-by, who can see in at the windows because of their size

From the second floor terrace there is a view northwards directly into the upper floor windows of St Kilda. We understand that obscure glass panelling is to be installed to retain the privacy of St Kilda. Korobe has an extensive garden rising up from the rear of the house, from most of which the views of Fairfield Road are obscured by Korobe itself.

On our site visit to Hillside we observed the outlook from the first floor dormer windows across Fairfield Road towards Wayland, immediately opposite, and Korobe to the left hand side. The roadside hedge at Wayland is higher than at Korobe, so visibility is confined to the first floor windows which have glazing bars so it is not possible to see through them. By contrast, Korobe has large expanses of glazing at first and second floor levels which permit visibility into the rooms beyond. From the ground floor at Hillside no windows at Wayland are visible, due to the hedge height, but the second floor windows at Korobe remain visible. First floor windows are visible from Hillside when looking obliquely through the new opening, as seen in the picture below.