# 31A Kent Road, Chiswick

- **Decision:** allowed, 28 August 2026
- **Decided by:** Planning Inspector: Carla Livingstone
- **Authority:** Ealing (London)
- **Appeal reference:** 6009978
- **Application reference:** PP-14216223
- **Procedure:** written-representations
- **Development:** s73A variation of plans condition for rear roof extension with roof terrace — lower (1.45m) terrace screen/planter, altered doors
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** s38(6)
- **Development plan policies:** London Plan 2021 D3, D6, Ealing DM DPD 2013 7B
- **Main issues:** privacy of neighbouring occupiers
- **Tags:** tier-2, living-conditions, retrospective, s73-variation, transitional-no-consultation, limited-nppf-engagement

## Summary
Retrospective s73A variation to lower a roof-terrace privacy screen from 1.7m to 1.45m. Allowed. There was no material increase in overlooking over the existing rear windows. On transition, the inspector said the 2026 changes were "not substantive or determinative to the outcome of this appeal" beyond "significant amendments to its layout and formatting", so the parties were not asked for comments (DL ¶3).

## What made the difference
The existing overlooking baseline. The decision was made entirely on development plan policy, with no Framework policy engaged.

## Policy findings
- **P3: pass.** no material increase in overlooking of ground-floor flat garden beyond existing rear windows (DL 8, 10); no Framework policy cited — code mapped by harvester

## Key facts
- Approved terrace screen 1.7m; built/proposed 1.45m (DL 6)
- Views to garden below restricted by existing rear extension; rear windows already overlook (DL 8)
- s73A amendments not limited to non-material changes (DL 9)

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6009978
- https://appeal-planning-decision.service.gov.uk/published-document/0ae8dd90-e02d-4720-a8bc-94ea2f19bf01

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6009978.html

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