Our client, had originally submitted a planning application to replace an internal staircase with a new external steel-framed staircase to provide access to the garden from an upper-floor flat.
However, the Council refused the application on the 11th of June, citing concerns about privacy and overlooking. Specifically, the Council believed that the staircase, due to its location and lack of screening, would cause an unacceptable impact on the living conditions of neighbouring residents.
Following the refusal, the client contacted HEAL Planning to book a free, no-obligation consultation with one of our specialist planning appeal assessment officers. After reviewing the case, we confirmed that the decision could be appealed and provided a detailed, written proposal to support an informed decision. Once the client approved, our team handled the entire appeal process, from documentation, final submission and full management.
The appeal was submitted to the Planning Inspectorate, the national body responsible for handling planning appeals in England. The Inspector visited the site on the 1st of May and issued the decision on the 7th of May. The appeal was successful, and planning permission was granted.
In the decision, the Planning Inspector focused on the key issue raised by the Council: the impact on the privacy of neighbours. The Inspector noted that the terrace is characterised by close proximity between properties, with deep two-storey rear extensions—known as outriggers—and many side-facing windows. There is already a high level of intervisibility between these homes, and during the site visit, the Inspector observed that mutual overlooking is a standard feature of this tightly arranged terrace.
The Inspector found that the proposed external staircase would provide a practical access route from the kitchen to the garden but was highly unlikely to be used as a seating or gathering area. The platform was deemed too small for any real outdoor use, and the existing garden already provided a more suitable space for relaxation and socialising. On this basis, the Inspector concluded that the new staircase would not cause a demonstrable loss of privacy to the neighbouring occupiers.
Additionally, although views into neighbouring gardens would be possible from the staircase, the Inspector pointed out that this was already the case due to the close-knit layout of the properties. As a result, the proposal was found to have no unacceptable impact on the privacy of the neighbouring gardens.
The Inspector further confirmed that the proposal complied with the relevant local planning policies aimed at protecting residential amenity. While Lewisham Council also referenced Policy DM30, the Inspector stated that this policy did not appear to address privacy issues and therefore was not a decisive factor.
The final outcome was clear. The appeal was allowed, and planning permission was granted with standard conditions. The Inspector determined that the proposed development would not harm the living conditions of neighbouring occupiers and was entirely consistent with both the local development plan and the national planning framework.
This successful outcome demonstrates the value of seeking expert guidance when faced with a planning refusal. At HEAL Planning, we specialise in building tailored, policy-led appeals that directly address local authority concerns and planning legislation. Our free case assessments help you understand your options clearly before making any commitments.
Lewisham Planning Appeal Success External Staircase Approval Granted After Council Refusal
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