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Planning appeal decision

Notice varied and upheld7 February 20233301111

9 Culloden Close, London, SE16 3JH

Planning appeal 3301111 at 9 Culloden Close, London, SE16 3JH (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: The effect of the appeal scheme on the living conditions of neighbouring occupants, with regard to outlook, daylight and sunlight and privacy.

without planning permission, the erection of a dwellinghouse shown for identification purposes in the location hatched blue on the attached plan ("the Unauthorised Development")

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Savage M
Postcode
SE16 3JH

Main issues, as the Inspector framed them

  • The effect of the appeal scheme on the living conditions of neighbouring occupants, with regard to outlook, daylight and sunlight and privacy
  • Whether the appeal scheme ensures the safety of all building users with respect to fire safety
  • Whether the appeal scheme makes satisfactory provision for social rented and intermediate homes

What decided it

The building's material deviation from approved plans resulting in unacceptable loss of sunlight and overbearing impact on neighbouring living conditions, combined with unresolved fire safety concerns and failure to provide affordable housing, justified upholding the enforcement notice with a variation allowing compliance with the extant planning permission as an alternative to demolition.

What the Inspector cited

Development plan policies
Policy P15Policy P56Policy P14Policy D6Policy D12Policy P1Policy P13Policy D4Policy IP4

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.