On the 06 May 2020 the inspectorate issued the allowance of the planning appeal at 13 Rampart Street for the installation of privacy screening and balustrade in connection with use of roof as a terrace.

​

Principlanning represented the appellant on this case, putting a robust planning policy assessment against the assertions of the Local Planning Authority.

​

The case revolved around the impact of the works on the character and appearance of a Conservation Area.

​

There were a number of issues with the Councils assessment of the proposal, including, most worryingly, an ‘in-principle’ planning objection to any use of the roofs of the building in question, and adjoining buildings, resultant from planning pre-application advice for previous regeneration works to the block.

​

The planning inspector, rightly, dismissed the idea of an ‘in-principle’ planning objection to any form of works (paragraph 11). Furthermore, the inspector made a reasonable planning judgement of the (lack of) harm resultant from the additions on the Conservation Area from a visual perspective (paragraphs 4 – 10). 

​

The lack of visual harm appears to have not quelled the Local Planning Authorities determination to refuse the application.

It was important, in this case, to stress the incorrect assertions of visual impact from the Council to the planning inspector. It was further important, in representing this case as a planning consultant, to assess in detail, with the assistance of visual aids, the conspicuous siting of the proposal.

​

This case re-affirms the importance in planning, when assessing any impact of a development on the character of an area, or the contribution of a site to the significance of a Conservation Area, of objectively assessing the importance of the site and the sites surroundings BEFORE assessing the impact of a proposed development on that character of contribution.

​

It appears to me, in this case, that the Local Planning Authority determined the result of this application before assessing its planning merits. 

​

It is hoped that the Council will make more careful and impartial judgements on minor planning applications aimed to improve the living conditions of the occupiers of dwellings in the future. 

​

It is greatly hoped that the appellant enjoys the resultant roof terrace. It is this planning justice and client benefit that Principlanning strives for.

​

Planning Decision can be viewed here: https://acp.planninginspectorate.gov.uk/ViewCase.aspx?caseid=3238768