- Decision
- dismissed, 27 August 2026
- Decided by
- Planning Inspector: L Gardner
- Authority
- Tower Hamlets (London)
- Appeal reference
- 6008563
- Application reference
- PA/25/01901
- Procedure
- written representations
- Development
- Rear balcony to second-floor flat
- Site context
- conservation area, inside settlement
- Green Belt
- No
- Framework applied
- No Framework version cited
- Determinative policies
- s38(6), Tower Hamlets LP D.DH8
- Development plan policies
- Tower Hamlets Local Plan 2020 D.DH8, London Plan 2021
- Main issues
- living conditions of flat below
Summary
A second-floor rear balcony was dismissed because it would overshadow and overlook the roof terrace and the only window to a habitable room of the flat below. The decision is purely plan-led (D.DH8) and does not mention the Framework.
What made the difference
The balcony sat directly over the neighbour's only light source and amenity space. People linger on a balcony in a way they do not at a window, which made the overlooking worse (DL ¶8). The index flagged E3 for this letter, but E3 is not engaged: the letter cites no Framework policy.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| D.DH8 (Tower Hamlets LP) | conflict | balcony overshadows first-floor roof terrace and the only window/door to a habitable room below; overlooking of terrace (DL 5-10) | |
| HE9 | neutral | s72 cited; Roman Road Market CA preserved; lack of harm neutral (DL 13-14) |
Key facts
- Balcony projects over neighbour's terrace directly above its sole light source (DL 5)
- The letter makes no reference to the National Planning Policy Framework in any version
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.