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Planning appeal decision

Notice varied and upheld4 November 20223257962

29 Marlings Park Avenue, Chislehurst, BR7 6QN

Planning appeal 3257962 at 29 Marlings Park Avenue, Chislehurst, BR7 6QN (London Borough of Bromley) was allowed in part (a split decision) on 4 November 2022 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of the occupiers of the appeal site, with regard to the standard of the accommodation.

Without planning permission, the material change of use of a detached garage at the end of the large rear garden to a self-contained residential unit

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moss J
Postcode
BR7 6QN

Main issues, as the Inspector framed them

  • The effect of the development on the living conditions of the occupiers of the appeal site, with regard to the standard of the accommodation
  • The effect of the development on the living conditions of neighbouring occupiers with regard to noise and disturbance
  • The effect of the development on the character and appearance of the surrounding area
  • Whether or not the development results in inconveniences for road users and is prejudicial to highway safety as a result of any additional demand for on street parking
  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded

What decided it

The accommodation within the garage building fails to meet minimum space standards and lacks adequate natural daylight and ventilation, providing a harmful standard of living for occupiers in conflict with Policy 37 of the development plan.

What the Inspector cited

Development plan policies
Policy 37 (General Design of Development) of the London Borough of Bromley Local Plan January 2019

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.

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The decision letter

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More decisions in London Borough of Bromley

The authority’s record since 2016 · every decision in 2022

  1. Planning permission granted17 June 20263351724
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  2. Allowed28 May 20266007385
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  3. Dismissed19 May 20266001435
    Former Public Conveniences, 2 High Street, Green Street Green, Orpington, BR6 6BQ
  4. Dismissed12 May 20266002512
    54 Stanley Road, Bromley, BR2 9JH
  5. Dismissed11 May 20266005255
    269 Eden Park Avenue, Beckenham, Bromley, BR3 3JN

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.