The Council originally refused a retrospective householder planning application on the basis that there were no other roof terraces in the wider area. The application also included a single storey rear extension.

GSP was instructed to draft Grounds of Appeal against this decision as well as submit and manage the appeal.

The Planning Inspectorate completely sided with GSP’s arguments that the lack of presence of other roof terraces was not in itself evidence of a harmful impact. The Inspector also accepted GSP’s arguments that the Council did not appear to consider whether the development could be approved subject to a condition requiring a privacy screen.

In addition to allowing the appeal, the Inspector ordered the Council to pay the client’s full costs of the appeal due to the failure of the Council to consider the use of conditions coupled with a reliance on vague and generalised assertions about the impact of the development (notwithstanding it’s retrospective nature). The clients were able to keep their roof terrace as constructed.

Credit to Building Design Studio Ltd for the drawings and introduction to the client.

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