Appeal 6001462

The appeal is allowed, and the details submitted pursuant to condition No 3 attached to planning permission 18/AP/1978 granted on 16 October 2018 in accordance with the application dated 12 June 2025 and the details submitted with it are approved.

The original planning permission1 allowed for the creation of a basement area and rear extensions to enlarge the existing flats, including the formation of an upper ground floor terrace for [name]. At time of my site visit the roof terrace had been constructed, albeit its layout did not reflect the submitted plans. The paved patio had been laid across the full extent of the roof with planters and railings around its perimeter, enabling unencumbered access across the whole of the roof terrace. Nonetheless, I have determined the proposal on the basis of the submitted plans, and my decision concerns only those matters within the scope of condition no 3, namely details of the privacy screen.

Having regard to the above, the main issue in this appeal is whether the submitted details address the requirements of the condition. 1 LPA ref: 18/AP/1978

The appeal property is a four-storey, semi-detached property with a basement which has been converted to flats and subsequently extended through implementation of the planning permission discussed above.

The delegated report for the original planning permission concludes that, whilst there would be no increase in overlooking to the rear, the permitted scheme would introduce a level of overlooking of both neighbours on either side of the appeal property2. The report recommends the provision of screening to alleviate any loss of privacy or overlooking, and condition no 3 of the original planning permission requires details of the privacy screen for the upper ground patio area be submitted to the local planning authority for approval.

As indicated on drawings WV-PL-GA-02, WV-PL-GA-13, and WV-PL-GA-15, the proposed privacy screen would comprise a row of planters of evergreen, black-stemmed bamboo of minimum 1.8m height, with a waterproof lining and permanent irrigation system set on a timer system to maintain the vegetation. The proposed screening would be sited along each edge of the roof terrace, spanning the gap between the building’s rear elevation and the permitted sedum green roof. Therefore, the position of the privacy screens would obstruct lines of sight between the patio and neighbouring dwellings.

I have been provided no evidence to suggest the proposed privacy screen would be anything other than effective in restricting opportunities for overlooking. The proposed privacy screens would enclose the accessible area of the roof terrace and therefore would maintain the privacy of neighbouring occupants. Therefore, the submitted details satisfactorily address the requirements of the condition.

The proposal would comply with Policy P13 of the Southwark Plan 2022 which requires development provide landscaping which is appropriate to the context and utilise green infrastructure.

The Council allege the supplied details do not correspond with previous plans for the terrace, showing an extension of the patio area with variation in the terrace edge and railing position. However, the submitted drawings retain the green roof at the rear of the terrace beyond a modest patio area enclosed by railings, as permitted under the original planning permission, and thus inaccessible for use as an amenity space. Any changes to design and layout are unrelated to the details of the privacy screen and are outside the scope of my decision. Nothing in my decision should be taken to indicate the acceptability or otherwise of any proposed revisions to the scheme illustrated on the plans.

Having regard to the development plan taken as a whole and all other relevant material considerations, I conclude the appeal should be allowed.