I'd appreciate any guidance anyone can give me here, in relation to the likelihood of obtaining planning permission if requested.
Firstly, can the 45 degree rule be applied to prevent planning permission if only the plan view exceeds it, but not the elevation view?
The specifics are that the extension is 342cm outward length and 320cm high, positioned at 170cm away from the centre of next door's rear kitchen windows.
Therefore it's about 64 degrees in plan view for the length, which is clearly excessive, but only about 41 degrees in elevation view (given that the centre of the kitchen windows is about 170cm high), so that's within normal limits.
So does the 45 degree rule still apply?
Secondly, if the rear kitchen window consists of 3 vertical sections of window, the central section of which consists of a window 2/3 the height of the frame, with a smaller window at the top making up the other 1/3, is the position of the 'centre of the nearest habitable window' (for the measurements of the 45 degree rule) deemed to be either:
1) the centre of the entire window framed section taken as a whole, or
2) the centre of just the middle of the central 2/3 height window which would be lower than the centre of the entire framed area, or
3) the centre of the right hand section of window only i.e. the section closest to the extension.
Thirdly, even if 1) or 2) applies, meaning that angle of elevation is under 45°, the proposed extension still fails the BRE 209 test, because when measured at 2 metres high from the midpoint of the central window section, it is a further 1.2m up to the top of the extension and 1.7m away from it, thus giving an upward angle of 35.2°, which comfortably exceeds the 25° limit.
Fourthly, should it still be a concern that the plan view angle is so large, given that:
A) the 45 degree rule would strictly only apply if both the plan and elevation angles exceed 45 degrees?
B) the excessive 64 degree plan angle combined with the 41 degree elevation angle makes a total of 105 degres which is overall quite considerable?
C) for at least 6 months of the year an angle of elevation of 41 degrees is still significant since the lower angle of the Sun in the southern sky means that the extension's height of 320cm still casts a full shadow across the neighbour's kitchen windows throughout the day for at least half of each year anyway?
Can either the 45 degree rule or the 25 degree rule be used to prevent this gaining planning permission, or is the fact that the sun casts a shadow across the neighbour's entire kitchen window for around half the year the ultimate deciding factor against it anyway?
Thanks for any help or guidance you can provide.