Retrospective application for the retention of a single storey rear canopy

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Technical Issues Heatmap

Character & Appearance
Residential Amenity
Trees & Landscape

Inspector’s Reasoning

Appeal Decision Site visit made on 16 June 2026 by N McGurk BSc (Hons) MCD MBA MRTPI an Inspector appointed by the Secretary of State Decision date: 02 July 2026 Appeal Ref: 6008459 58 Beatrice Road, Southwark, SE1 5BT • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Hasan Rasul against the decision of the Council of the London Borough of Southwark. • The application Ref is 25/AP/3355. • The development proposed is a retrospective application for the retention of a single storey rear canopy. Decision 1. The appeal is allowed and planning permission is granted for the retention of a single storey rear canopy at 58 Beatrice Road, Southwark, SE1 5BT in accordance with the terms of the application, Ref 25/AP/3355 and the plans submitted with it. Procedural Matter 2. The development the subject of this appeal has already taken place. 3. The Council’s officer’s report refers to an enforcement site visit and to photographs that show that, whilst the planning application the subject of this appeal describes an open-sided canopy, the development the subject of this appeal comprises a canopy with enclosed sides. 4. During my site visit, I observed that the development the subject of this appeal does not have enclosed sides as stated by the Council, but that it comprises an open-sided canopy. Main Issue 5. The main issue in this case is the effect of the development on the character and appearance of the area. Reasons 6. The appeal property is a two-storey mid-terrace dwelling and it is situated within a residential area characterised by the presence of brick-built terraced houses and flats. 7. The appeal dwelling, like its neighbours, is set back from the road behind an enclosed parking area and has a relatively long garden to the rear. The setting back of dwellings from the road and the presence of gardens and street trees Appeal Decision 6008459 2 combines to provide for a green and spacious character, within a relatively densely developed urban setting. 8. The development comprises an open-sided canopy. Whilst the canopy extends the full width of the garden, its open frontage and open sides provide for a light and relatively airy appearance. 9. Boundary fences along shared rear boundaries with neighbouring gardens provide for a sense of privacy but do not extend as high as the canopy, such that its open sides provide a gap above the fences. This prevents the canopy from appearing unduly dominant. 10. The relatively large size of the appeal dwelling’s garden and those of its neighbours, combine with the lightweight structure and open character of the canopy to prevent it appearing particularly incongruous in its garden setting. 11. Taking this and all of the above into account, the development does not harm the character and appearance of the area and is not contrary to the National Planning Policy Framework; to London Plan (2021) Policies D3 and D4; or to Southwark Plan (2022) Policy P14, which together amongst other things, seek to protect local character. Conclusion 12. For the reasons given above, the appeal is successful. N McGurk INSPECTOR
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