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Notice upheld14 November 20223289883

Tola, 56 Peckham High Street, London, SE15 5DP

Planning appeal 3289883 at Tola, 56 Peckham High Street, London, SE15 5DP (London Borough of Southwark) was dismissed on 14 November 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground b).

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)

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Savage M
Postcode
SE15 5DP

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.

What the Inspector cited

Development plan policies
Policy P56Policy P13Policy P14Policy P20Policy D4 London Plan 2021Policy HC1 London Plan 2021
National Planning Policy Framework
Paragraph 189Paragraph 199Paragraph 202

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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More decisions in London Borough of Southwark

The authority’s record since 2016 · every decision in 2022

  1. Allowed20 October 20266010489
    269-275 Rye Lane and 1A Philip Walk, London, SE15 4UA
  2. Allowed23 June 20266007313
    59 Lant Street and 6 Vine Yard, Southwark, SE1 1QN
  3. Notice upheld7 April 20263361416
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  4. Dismissed7 April 20263344253
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  5. Notice varied and upheld5 February 20263364196
    211 Walworth Road, London, SE17 1RL

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.