®Planning appeal decision
Westbury Court, 252 Croydon Road, BECKENHAM, BR3 4DA
construction of one additional storey to create two self- contained 1 bedroom flats, over the 6 No existing 1 bedroom flats. The new upper floor will replicate the existing upper floor in roof form and materials
- Authority
- London Borough of Bromley
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Jones R
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.
Framework references: 11, 60, 70, 123, 124, 131, 135
Plan policies cited: London Borough of Bromley Local Plan Policy 4, London Borough of Bromley Local Plan Policy 6, London Borough of Bromley Local Plan Policy 8, London Borough of Bromley Local Plan Policy 37, London Plan Policy D3, London Plan Policy D4, London Plan Policy D6
Judgments cited: Burroughs Day v Bristol CC [1996] EGCS 126; CAB Housing Ltd, Beis Noeh Ltd & Mati Rotenberg v SSLUHC [2022] EWHC 208 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.