Westbury Court, 252 Croydon Road, Beckenham, BR3 4DA

Main issues, as the Inspector framed them

• Appeal A (ground c): whether the installation of nine windows constitutes a breach of planning control
• Appeal B: whether prior approval should be granted having regard to the external appearance of the building
• Appeal C: the effect of the proposed development on the character and appearance of the area; the living conditions of the occupiers of neighbouring properties with particular regard to privacy; whether the proposed development would provide a safe and secure pedestrian entrance

What decided it

Appeal A: the windows were not visible from the public realm and were seen in isolation, not materially affecting the appearance of the building as a whole; Appeal B: the extension would be consistent with the prevailing height and form of neighbouring properties and the overall street scene; Appeal C: the identified harms to character and appearance, living conditions through overlooking, and pedestrian safety significantly and demonstrably outweighed the modest housing benefits.

Appeal C: the adverse impacts of the development (harm to character and appearance, overlooking and loss of privacy, unsafe pedestrian entrance) significantly and demonstrably outweighed the benefits (modest contribution to housing supply) when assessed against the policies in the Framework taken as a whole, such that the presumption in favour of sustainable development did not apply.