2.1 Proposals must optimise the use of land and avoid loss of light and amenity to surrounding buildings by means of separation distances, building orientation and configuration of openings. As buildings within the same development have more control over these factors, closer separation distances are acceptable within the same planning application than between existing and new buildings.

2.2 Where the building lines and fenestration patterns of the surrounding context do not follow these separation distances, replicating this existing condition is generally acceptable provided that it can demonstrate that it is not materially worsening the existing condition.

2.3 Distances between habitable rooms should be taken from the centre of windows.

2.4 In terms of ensuring adequate access to daylight and sunlight, applicants should primarily refer to guidance set out within the rest of this section on Spatial Quality. Access to daylight and sunlight for new buildings will be deemed to have met the requirements if they comply with the guidance set out across these principles and any relevant reports demonstrating how the proposal meets these requirements.

2.5 Tighter distances between habitable room windows may be allowed in certain locations. Bexley Local Plan Policy SP4 Supporting successful town centres states that separation distances may be closer in Town Centres. This will be judged on the existing context and the effect upon access to daylight and sunlight.

2.6 There may be more flexibility for separation distances between windows and blank walls for short lengths of façade. These pinch points will be assessed on a case-by-case basis - refer also to D17.

2.7 In general, the acceptability of separation distances between buildings will depend upon the orientation of the buildings, their massing and arrangement. Buildings should avoid excessive overshadowing to other buildings from the south to enable solar heat gain in winter.

2.8 Applicants must also respond to the context and proposals should refer to the typical street typology to inform the suitability of proposed separation distances.

2.9 When developing a site that contains an existing building, the existing building’s windows can be classified as ‘new’ windows as shown in the code if the development site falls under a single ownership. When dealing with a building under multiple ownership, an existing building’s windows should generally be treated as ‘existing’.

2.10 Where developments have a frontage onto the street it is important to incorporate some degree of defensible space, which will mainly serve as a visual amenity and buffer separating public realm from private property. Boundary treatments to front facades must be at a height complementary to other low-level front boundary treatments within the vicinity.

2.11 The negative effect that new windows may have on a neighbouring property’s privacy can be mitigated using a variety of design solutions. These might include:

1. staggering, arranging or angling windows to direct outlook away from neighbouring windows e.g. windows in a sloping roof (see Fig.38)
2. providing windows above eye level
3. obscuring the opening with louvres, fins or similar
4. restricted opening

2.12 Solutions 2. and 3. listed above are generally not appropriate in habitable rooms if they provide the only windows in that room

2.13 The use of these design solutions must be integrated with the overall architectural expression of the building

2.14 Proposals which rely on mitigating design methods must demonstrate how the quality of new accommodation is not diminished, particularly for the principal living spaces. This can be supported by visualisations of the internal space and inhabited plan and section drawings showing furniture layouts

2.15 The use of mitigating design measures should not compromise the quality of outlook from new development. For this reason, the use of obscured glass as a mitigation measure is not encouraged unless for small openings in non-habitable rooms such as bathrooms

2.16 Facades with new windows that are fully obscured can be considered blank walls in terms of separation distances

2.17 Outlook can be improved by looking out onto new or existing landscape features such as trees, natural habitats and mature planting. Riverside developments should maximise views to the river, both from dwellings and from spaces within the development. Refer to the Townscape and Natural environment chapters for more detailed guidance on views and landscape

2.18 Habitable rooms that have windows facing in at least two different directions are considered to have superior outlook to those that only look out in one direction. When rooms have windows in multiple directions, privacy and access to light is generally improved. If two facing rooms in different new dwellings have windows facing in multiple directions, tighter separation distances may be possible

2.19 The privacy of new windows on the ground floor that face onto public space needs to be suitably protected. This is typically best achieved through well designed boundary conditions and setbacks from the street. Vegetation screening as the sole safeguard for privacy is not recommended

2.20 Applications should avoid the use of full height windows to habitable rooms at ground level looking onto public areas, unless suitable screening is in place.

2.21 Proposals including predominantly full height windows must provide strong justification through Character Appraisal described in D01 and energy and daylight modelling. Full-height windows to habitable rooms - particularly bedrooms - should be avoided where the risk to overlooking is high, in accordance with Section C4 in the Housing Design Standards LPG.

2.22 The protected garden area (pga) is defined as the primary areas of use within a rear garden which should be afforded privacy from neighbouring gardens and properties. These will vary in size and shape depending on the character of the site. Adequate privacy must be given to this amenity from newly developed neighbouring gardens and properties.

2.23 Windows to habitable rooms facing towards a protected garden area should use mitigating design measures to avoid overlooking as described in D17 2.11.

2.24 The use of these design solutions must be integrated with the overall architectural expression of the building.

2.25 Proposals which rely on mitigating design methods must demonstrate how the quality of new accommodation is not diminished, particularly for principal living spaces. This can be supported by visualisations of the internal space and inhabited plan and section drawings.

2.26 The use of mitigating design measures should not compromise the quality of outlook from new development. For this reason, the use of obscured or frosted glass as a mitigation measure is not encouraged unless for small openings in non-habitable rooms such as bathrooms.

2.27 New habitable room windows on the property boundary with a neighbouring garden will generally not be supported to protect the privacy of gardens and ensure adjacent land remains developable in future. For example, proposals for flank windows to habitable rooms that could preclude future development to neighbouring properties will generally be deemed unacceptable.

2.28 Where openings in existing buildings are reconfigured to accommodate internal changes to dwelling layouts and habitable rooms, this should not result in the unacceptable overlooking of neighbouring properties.

2.29 Proposals must consider the effect of the topography upon overlooking into the protected garden area. This may affect the acceptability of proposals.

2.30 As balconies should not overlook the protected garden area, balconies on side elevations adjacent to this area will generally not be acceptable.

2.31 Balconies must not project over the footpath. Where the building line is close to or aligning with the public highway, balconies should be inset.

2.32 The design and arrangement of balconies should ensure that temporary screening is not necessary to achieve comfortable levels of privacy.

2.33 Where permanent screening is needed, balcony screens should be of a suitable design to obscure views from the street or communal spaces into the balcony areas and the property itself. Balconies should be integrated into the building form. This will typically be achieved by incorporating inset balconies on the street side and projecting balconies on the rear (see Fig.44).

2.34 If screening is required to the sides of balconies to maintain privacy to adjacent rear gardens and internal spaces, these should be well integrated with the wider building design and can be constructed using, for example, “hit and miss” brickwork, perforated metal or angled fins.