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Planning appeal decision

Notice varied and upheld19 August 20213219739

Paxton Arms, 52 Anerley Hill, Anerley, London, SE19 2AE

Planning appeal 3219739 at Paxton Arms, 52 Anerley Hill, Anerley, London, SE19 2AE (London Borough of Bromley) was allowed in part (a split decision) on 19 August 2021 by Inspector Walker A, following an inquiry. The main issue, as the Inspector framed it: Whether the development provides adequate living conditions for existing and future occupants, with regard to amenity space, outlook, daylight and ceiling height.

Material change of use of basement from retail unit (Use Class A1) and a single self-contained flatted dwellinghouse (Use Class C3) to a retail unit (Use Class A1) and two one-bedroom self-contained flatted dwellinghouses (Use Class C3)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Walker A
Postcode
SE19 2AE

Main issues, as the Inspector framed them

  • Whether the development provides adequate living conditions for existing and future occupants, with regard to amenity space, outlook, daylight and ceiling height
  • The effect of the development on the character of the area, with regard to density
  • Whether the development provides adequate cycle and refuse/recycling storage facilities
  • The effect of the development on highway safety

What decided it

The significant harm to the living conditions of the basement flat occupants (amenity space, outlook, daylight, ceiling height) combined with significant harm to the character of the area outweighed the neutral factors, leading to dismissal of the ground (a) appeal.

The neutral factors (adequate cycle/refuse storage and no harm to highway safety) did not outweigh the significant harm to living conditions and to the character and appearance of the area, so the balance tipped against allowing the appeal.

What the Inspector cited

Development plan policies
Policy 4Policy 9Policy H4Policy D6 (London Plan 2021)Policy T5 (London Plan 2021)
Judgments
Bernard Wheatcroft Ltd v SSE [JPL, 1982]

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Bromley

The authority’s record since 2016 · every decision in 2021

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  5. Invalid4 August 20263363810
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.