- Decision
- dismissed, 9 September 2026
- Decided by
- Planning Inspector: M Russell (on recommendation of Appeal Planning Officer K Hole)
- Authority
- Bristol (South West)
- Appeal reference
- 6009278
- Application reference
- 25/14205/F
- Procedure
- written representations
- Development
- Safety rail to flat roof of rear projection (part retrospective), claimed as fire-escape requirement
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- s38(6), Bristol SADMP DM30
- Development plan policies
- Bristol SADMP 2014 DM30
- Main issues
- privacy; noise and disturbance
Summary
A safety rail around a flat roof outside a first-floor flat was dismissed. The rail would in practice turn the roof into an overlooking terrace, and a condition banning its use would be unenforceable. The fire-safety justification was not shown to need this design.
What made the difference
The physical invitation to use the roof: furniture and planters were already on it. The closing sentence borrows the S4 "substantially outweigh" formula without naming S4.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM30 (Bristol SADMP) | conflict | perimeter rail makes roof a de facto terrace; direct elevated views into rear gardens of No 258 and 1 Gathorne Road; no-use condition unenforceable (DL 6-10) | |
| P3 | harm | code mapped by harvester — privacy harm; noise not shown to exceed residential norms (DL 7) |
Key facts
- Home Improvement Notice (fire safety) cited but perimeter-rail solution not shown to be the only compliant option (DL 9)
- "adverse effects … substantially outweigh any benefits" (DL 11) — S4-style wording in an APO recommendation
- Parties not re-consulted (DL 3)
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.