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Planning appeal decision

Notice upheld30 July 20213261796

33 Bawdale Road, London, SE22 9DL

Planning appeal 3261796 at 33 Bawdale Road, London, SE22 9DL (London Borough of Southwark) was dismissed on 30 July 2021 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions for the occupiers of No 31 Bawdale Road, with particular regard to light, overshadowing and outlook.

without planning permission, the construction of a fence along the eastern boundary of the Property which exceeds the height permitted by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) and which is shown in the approximate position marked in blue on the attached plan (“the Unauthorised Development”)

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Satheesan R
Postcode
SE22 9DL

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions for the occupiers of No 31 Bawdale Road, with particular regard to light, overshadowing and outlook

What decided it

The tall close boarded fence creates a dominant and overbearing outlook that severely restricts views from the neighbouring property, thereby failing to provide acceptable living conditions contrary to development plan policy and the Framework.

The appellant's concerns regarding anti-social behaviour do not outweigh the harm to the living conditions of neighbouring occupiers through loss of outlook and increased sense of enclosure.

What the Inspector cited

Development plan policies
saved policy 3.2 of the Southwark Plan (2007)strategic policy 13 of the Southwark Council Core Strategy (2011)
National Planning Policy Framework
Paragraph 130

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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