A RETROSPECTIVE appeal against a decision to refuse permission to build a garden balcony have been dismissed at appeal despite the appellant saying it would go against their human rights.

Claudia Businaro of Old Deweys, High Street in Tisbury wanted to build an open wooden car shelter with stairs and balcony.

Claudia’s plans were, however, knocked back by Wiltshire Council earlier this year.

READ MORE: Town park to close in the evenings

Planning officers said: “The structure, due to a combination of its close proximity and juxtaposition with the adjacent dwellings and amenity areas; its incongruous design, and its elevated nature, results in harm to existing residential amenities due to the loss of privacy and general noise and disturbance, and fails to respect the existing character and appearance of the Tisbury Conservation Area.”

An appeal against the decision was then launched which has now been dismissed.

In a statement, Claudia said that the balcony resulted in "no unacceptable change" to the street scene of the area and provided person benefit to her family.

Claudia put to the inspector that dismissing the plans would “interference with her rights under Article 8 of the European Convention on Human Rights”.

Specifically a statement in response to the refusal reason citing "this is a significant loss of amenity and exacerbated by the loss of the hedging" said: "The appellants have a right to privacy under Article 8 of the Human Rights Act 1998, ensuring special conditions and reasons are in place to stop the appellant having their rights is wrong, both parties concerned have a legitimate expectation of privacy and removing the appellants structure would remove all aspects of privacy, security and amenity that her garden offers."

READ MORE: Plans to build flats on derelict site submitted

The inspector, in their decision wrote: “However, having regard to the legitimate and well-established planning policy aims to protect the living conditions of occupants at neighbouring dwelling houses, in this case I consider that greater weight attaches to the public interest.

“Dismissal of the appeal is therefore necessary and proportionate, and it would not result in a violation of the human rights of the appellant.”