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Residential Amenity
Heritage & Conservation
Noise & Disturbance
Inspector’s Reasoning
Appeal Decision
Site visit made on 8 September 2025
by K Reeves BA (Hons) MA MRTPI
an Inspector appointed by the Secretary of State
Decision date: 09 October 2025
Section 78 Appeal Ref: APP/H5960/D/25/3369119
Proposal: Formation of a roof terrace at roof level at 16 John Hunter Avenue, Wandsworth, London,
SW17 7FA
Application Ref: 2025/0406
Decision – dismissed
Preliminary Matter
1. For clarity, I have taken the description of development from the Council’s decision
notice and other appeal documents submitted by the appellant, as it is more
precise than that given on the application form.
Reasons
Issue – The effect of the proposed development on the character and appearance of
the area
2. The appeal site comprises a mid-terraced dwelling within one of two parallel rows
of three storey residential properties that have stepped flat roofs. Despite the
proposed roof terrace being set back from the edges of the flat roof, the
balustrading, planters and the vegetation in the planters would be visible from
Jupiter Way.
3. The roof terrace would be viewed as an uncharacteristic and visually intrusive
feature that would be out of keeping with the local vernacular and would detract
from the simple and uniform characteristics of the appeal building and the rest of
the row of residential properties. These characteristics of the existing built form
make a positive contribution to the overall street scene and, as such, the proposal
would harm the character and appearance of the area.
4. I acknowledge that a three storey block of residential units, which form part of the
planning permission1 for a redevelopment phase of Springfield Hospital, would
obscure public views of the appeal proposal from Jupiter Way. However, building
works were not apparent to me at the time of my site visit and there is no
guarantee that development will be completed as permitted. I am therefore only
able to apply limited weight to the potential construction of the three storey block
on Jupiter Way and this matter does not overcome my concerns.
1 Planning application reference 2022/5288
Appeal Decision APP/T5720/D/25/3361565
2
5. I acknowledge that the approved block of residential accommodation could impact
on the quality of the rear garden at the appeal site, and I understand that this has
led to the appellant seeking to create additional outside space at the property.
However, the impact on the rear garden is not certain as the block has not been
constructed. Moreover, I have been provided with limited evidence to demonstrate
that additional outside space could not be delivered in a less harmful way. As
such, it does not alter my judgement on the appeal.
6. Consequently, the proposed development would cause unacceptable harm to the
character and appearance of the area and would therefore conflict with the policies
cited in the decision notice.
Issue – The effect of the proposed development on the living conditions of the
occupiers of neighbouring properties, having regard to privacy and noise
7. The roof terrace being set back from the edges of the roof mean that the line of
sight into the windows and rear gardens of nearby properties would be significantly
limited. The proposal would therefore not result in a material loss of the privacy
currently enjoyed by the occupiers of neighbouring dwellings.
8. The elevated position and open nature of the roof terrace would mean that noise
created by people using the terrace would be likely to travel over the roofs of the
neighbouring properties. Furthermore, I have no substantive evidence before me
to demonstrate that noise would penetrate into the bedrooms located in the
adjoining residential properties. I am therefore not convinced that the proposal
would lead to an unacceptable amount of noise disturbance.
9. Consequently, the proposed development would not materially harm the living
conditions of the occupiers of neighbouring properties, having regard to privacy
and noise. The proposal would therefore comply with the policies cited in the
decision notice.
Other Matter
10. The appeal site is within the setting of Springfield Hospital, which is a Grade II
listed building. There would be limited views of the proposal from the listed building
and there is minimal intervisibility between the site and the listed building. I am
therefore satisfied that the proposal would preserve the character and appearance
of the listed building’s setting, and it would have a neutral impact on its
significance and special interest.
Conclusion
11. There would be no material harm to living conditions. However, there would be
conflict with the other policies cited in the decision notice and, therefore, conflict
with the development plan read as a whole. Material considerations do not indicate
a decision otherwise than in accordance with the development plan. Accordingly,
the appeal should be dismissed.
K Reeves
INSPECTOR
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