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Dismissed28 April 20223260876

279 Rosendale Road, Herne Hill, London, SE24 9EJ

Planning appeal 3260876 at 279 Rosendale Road, Herne Hill, London, SE24 9EJ (London Borough of Lambeth) was dismissed on 28 April 2022 by Inspector Spencer D, following a hearing. The main issue, as the Inspector framed it: Whether the appeal proposal would result in the harmful loss of premises for employment generating purposes.

retention and restoration of front façade; demolition of buildings behind; the erection of part two, four and five storey buildings to provide 33 residential dwellings, communal amenity space, cycle parking and hard and soft landscaping; and other associated development

Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Spencer D
Postcode
SE24 9EG

Main issues, as the Inspector framed them

  • Whether the appeal proposal would result in the harmful loss of premises for employment generating purposes
  • Whether the development would make adequate provision for affordable housing in accordance with development plan policy
  • Whether the proposed development would provide acceptable living conditions for future occupiers, with regard to privacy, daylight, outlook and standard of private amenity space provision
  • Whether the proposed development would be appropriate to its location having regard to the adjacent railway arches and the agent of change principle

What decided it

Significant harm to the privacy and outlook of future occupiers, combined with harmful constraint on the economic potential of the adjoining railway arches, outweighed the benefits of the scheme.

The significant harm to the living conditions (privacy and outlook) of future occupiers and the harmful constraint on the railway arches' employment potential were not outweighed by the social, economic and heritage benefits of the scheme, so the balance tipped against granting permission.

What the Inspector cited

Development plan policies
Policy E7(C) of London Plan 2021Policy ED4 of Lambeth Local Plan 2021Policies E2, E4 and E7 of the London Plan 2021Policy ED4 of the Lambeth Local Plan 2020-2035Policy H5 of the London PlanPolicy H2 of the LLPPolicy H4 of the LLPPolicy S4 of the London PlanPolicy D6 of the London PlanPolicy D13 of the London PlanPolicies H5 and Q2 of the LLPPolicy ED6(B) of the LLPPolicy ED6 of the LLPLondon Plan Policy E4(A)Policy T3(H)Policy T6.1(G) of the London PlanPolicy T6 of the LLPPolicy T6(D(i))Policy T6(D(iii))Policy SI2 of the London PlanPolicy EN4 of the LLPPolicy ED15 and Annex 9 of the LLPPolicy D4Policies T3, T4, SI1 and SI2 of the London PlanPolicies T1, T3, T6, EN4, ED15 and D4 of the LLPPolicy H1 of the LLP
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 124Paragraph 125Paragraph 130Paragraph 187
Judgments
Hartley v MHLG [1970]; The Trustees of Castell-y-Mynach Estate v Ely-Taff Borough Council [1985]

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 Lambeth

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

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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.