®Planning appeal decision
TOLA, 56 Peckham High Street, LONDON, SE15 5DP
the ‘retention of roof terrace with the following hours of operation: Monday to Thursday 10:00 to 03:00 (next day) Friday to Sunday 10:00 to 04:00 (next day)
- Authority
- London Borough of Southwark
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Savage M
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground b)
- Whether the matters alleged constitute development requiring planning permission (ground c)
- Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach (ground f)
- Whether the compliance period of 5 months is reasonable (ground g)
- The effect of the roof terrace on the living conditions of nearby occupants with regards to noise
- The character or appearance of the area bearing in mind location within Rye Lane Conservation Area and setting of Grade II listed building No 58
- The effect on the outlook of neighbouring properties due to excessive scale
What decided it
The noise generated by the open-air roof terrace is harmful to the living conditions of nearby residents, particularly at night, and the terrace's modern fencing and design fail to conserve or enhance the character and appearance of the Rye Lane Conservation Area, contrary to development plan policies and the Framework.
Framework references: 189, 199, 202
Plan policies cited: Policy P56, Policy P13, Policy P14, Policy P20, Policy D4 London Plan 2021, Policy HC1 London Plan 2021
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.