At a glance: Roof terrace to an upper-floor flat · London Borough of Lambeth · Refused for overlooking and loss of privacy · Written representations appeal · Appeal allowed
If there is one type of householder development that case officers and councils seem to hate, it is roof terraces. All of our planners were once council case officers, and we remember being told to refuse them almost as a rule: they look bad, they overlook the neighbours, they cause noise and disturbance — or so we were told.
But roof terraces genuinely improve quality of life. For small upper-floor flats, a terrace is often the only possible outside space — and councils are under growing pressure to recognise how much private amenity space matters. Yet many still treat every terrace as a privacy problem waiting to happen.
Why the council refused it
Jake Carlow had a large area of flat roof directly outside his bedroom window. He applied to Lambeth to install a door onto the roof and planters around its edge, turning dead space into a small terrace. He didn’t expect a refusal: the planters were positioned precisely to prevent views into neighbouring properties, and he could see several other roof terraces on flats nearby. The council refused nonetheless, citing overlooking and loss of privacy.
What we argued
Privacy objections have to be about real sightlines, not the theoretical possibility of someone standing on a roof. Our appeal walked through the geometry: with the planters in place, there was no position on the terrace from which Jake could see into a neighbour’s window or garden beyond what he could already see from his own bedroom window. We also pointed to the other terraces nearby — evidence that this form of development was already an accepted part of the area’s character.
What the inspector decided
The inspector agreed that the planters prevented any material overlooking and that the neighbours would suffer no loss of privacy. The appeal was allowed, and Jake got his outside space.
The lesson
If your roof terrace has been refused for overlooking, the case turns on sightlines — and screening, planters and terrace positioning can defeat the objection entirely. Councils often refuse terraces on principle; inspectors decide them on evidence. That difference is why terraces do well at appeal.
Refused a roof terrace or balcony? Get free initial advice from a chartered town planner — get in touch and we’ll tell you honestly whether your case is worth pursuing.