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Planning appeal decision

Allowed1 May 20263371784

40 Berkeley Square, Clifton , Bristol, BS8 1HP

Planning appeal 3371784 at 40 Berkeley Square, Clifton , Bristol, BS8 1HP (Bristol City Council) was allowed on 1 May 2026 by Inspector Sargent J, by written representations. The main issue, as the Inspector framed it: The effect that using the front and rear roof terraces for longer periods would have on the living conditions of adjacent residents with regard to noise and overlooking.

alterations and extensions, comprising an infill extension at ground floor level on part of the existing undercroft car park on 40 Berkeley Square; a 3-storey extension to the front of 40 Berkeley Square to create a new entrance reception and roof terrace above; a third-floor rear roof extension to create additional office accommodation with communal terrace above; infill of the existing internal lightwell at 39 Berkeley Square; installation of new curtain walling glazing to the front and rear elevations and installation of new windows, doors and entrance ramp, without complying with a condition attached to planning permission Ref 17/06959/X, dated 18 September 2018

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
employment-industrial · Other minor developments
Inspector
Sargent J
Postcode
BS8 1HP

Main issues, as the Inspector framed them

  • The effect that using the front and rear roof terraces for longer periods would have on the living conditions of adjacent residents with regard to noise and overlooking

What decided it

The rear terrace would generate appreciable intermittent noise from conversation and speech at extended hours that would significantly harm the living conditions of residents in the topmost flats of Berkeley House, whereas the front terrace would not cause such harm due to its smaller size and different relationship to neighbouring residential accommodation.

What the Inspector cited

Development plan policies
Policy BCS23Policy DM33Policy DM35

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 Bristol City Council

The authority’s record since 2016 · every decision in 2026

  1. Dismissed27 October 20266010371
    128 Church Road, Bristol, BS5 9HH
  2. Allowed22 October 20266011341
    172 Filton Avenue, Filton, Bristol, BS7 0AX
  3. Dismissed19 October 20266010470
    46 Berkeley Road, Speedwell, Bristol, BS16 3NB
  4. Dismissed12 August 20266005564
    Chasefield House, 888 Fishponds Road, Bristol, BS16 3XB
  5. Dismissed30 July 20266007591
    163A Church Road, Redfield, Bristol, BS5 9LA

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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