Retrospective application for the retention of a single storey rear canopy
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Character & Appearance
Residential Amenity
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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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