§ Mr. Jim CunninghamTo ask the Secretary of State for the Environment, Transport and the Regions (1) what guidance he has given to planning authorities about the protection of privacy for neighbours; [114921]
(2) what plans he has to introduce measures to improve protection of privacy for neighbours. [114920]
§ Ms Beverley Hughes[holding answer 16 March 2000]: Under our plan-led system of development control, decisions on planning applications have to be made in accordance with the development plan unless material considerations indicate otherwise. We advise in our Planning Policy Guidance Note 1 "General Policy and Principles" that good neighbourliness and fairness are among the yardsticks against which development proposals can be measured and that, for example, it might be material to consider the question of 'overlooking' or 341W loss of privacy experienced by a particular resident. It is for local planning authorities to determine what considerations are material to any particular case.
Planning conditions may also be used to protect privacy. The Department's Circular 11/95 suggests, for example, that a local planning authority may wish in appropriate circumstances to attach to a planning permission a condition preventing the use of the roof area of an extension to a dwellinghouse as a balcony, roof garden or similar amenity area without further permission from the authority. We are not proposing planning to introduce any further specific planning measures to improve the protection of privacy for neighbours, although we will continue to keep the matter under review.