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Planning appeal decision

Notice varied and upheld7 February 20233293847

The Ground and Basement Floors of 96 Friary Road, London, SE15 1PX

Planning appeal 3293847 at The Ground and Basement Floors of 96 Friary Road, London, SE15 1PX (London Borough of Southwark) was allowed in part (a split decision) on 7 February 2023 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the appeal scheme provides a satisfactory level of accommodation for occupants with respect to light, ventilation and outlook.

without planning permission the excavation and extension of the basement and the material change of use of the Property to a residential dwelling within the C3 use class ("the Unauthorised development")

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
SE15 1PX

Main issues, as the Inspector framed them

  • Whether the appeal scheme provides a satisfactory level of accommodation for occupants with respect to light, ventilation and outlook
  • Whether the appeal scheme provides sufficient amenity space for occupants
  • Whether the appeal scheme would be safe from flooding
  • Whether the appeal scheme ensures the safety of all building users with respect to fire safety

What decided it

The appeal scheme fails to comply with multiple development plan policies regarding living conditions (lack of natural light and adequate ceiling height), amenity space provision, flood risk resilience (failing the Exception Test), and fire safety measures, with no material considerations outweighing these conflicts.

What the Inspector cited

Development plan policies
Policy P15Policy P68Policy D6Policy D11Policy D12
National Planning Policy Framework
Paragraph 11

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 Southwark

The authority’s record since 2016 · every decision in 2023

  1. Notice upheld7 April 20263361416
    12 Denmark Hill, London, SE5 8RZ
  2. Dismissed7 April 20263344253
    Flat 1, 12 Denmark Hill, London, SE5 8RZ
  3. Notice varied and upheld5 February 20263364196
    211 Walworth Road, London, SE17 1RL
  4. Notice varied and upheld7 January 20263354856
    96 Goodrich Road, London, SE22 0ER
  5. Notice upheld7 January 20263337227
    32 Meeting House Lane, London, SE15 2UN

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.