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Notice varied and upheld15 January 20243306846

41C, 41D and 41E Sydenham Hill , In the North East Corner of Beltwood 41 Sydenham Hill, London, SE26 6TH

Planning appeal 3306846 at 41C, 41D and 41E Sydenham Hill , In the North East Corner of Beltwood 41 Sydenham Hill, London, SE26 6TH (London Borough of Southwark) was allowed in part (a split decision) on 15 January 2024 by Inspector Douglas L, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area, with particular regard to the Grade II listed building, Beltwood House.

Construction of three terraced houses (within use class C3) and alteration of ground levels

Authority
London Borough of Southwark
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Douglas L
Postcode
SE26 6TH

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the area, with particular regard to the Grade II listed building, Beltwood House
  • The effect of the development on the living conditions of neighbouring residents, with particular regard to the outlook and privacy of residents at 6, and 18 to 26 Crescent Wood Road (CWR)
  • Whether a financial contribution towards the provision of affordable housing within the borough would be necessary to make the development acceptable in planning terms

What decided it

The extent to which the excessive height of the parapet walls harmed the setting of the Grade II listed Beltwood House, which was only reduced to an acceptable, outweighed level by the amended Option V3 scheme.

The great weight given to the less-than-substantial harm to the setting of the listed building caused by the existing development was not outweighed by the significant weight given to the agreed public benefits, but under the reduced-height Option V3 the resulting low level of harm was outweighed by those same public benefits.

What the Inspector cited

Development plan policies
Policy HC1Policy D4Policy P1Policy P13Policy P14Policy P18Policy P19Policy P20Policy P21Policy P56Policy SI 2Policy SP4
National Planning Policy Framework
Paragraph 56
Judgments
Choiceplace Properties Ltd v Secretary of State for Housing Communities and Local Government [2021] EWHC 1070 (Admin); Ahmed v SSCLG & Hackney LBC [2014] EWCA Civ 566; R (oao Banghard) v Bedford BC [2017] EWHC 2391 (Admin); Tapecrown Limited v FSS & Anr [2006] EWCA Civ 1744; R (Westminster City Council) v First Secretary of State and Brandlord Limited [2003] J.P.L 1066; New Dawn Homes Limited v Secretary of State for Communities and Local Government & Tewksbury Borough Council [2016] EWHC 3314 (Admin)

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 2024

  1. Allowed20 October 20266010489
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  2. Allowed23 June 20266007313
    59 Lant Street and 6 Vine Yard, Southwark, SE1 1QN
  3. Notice upheld7 April 20263361416
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  4. Dismissed7 April 20263344253
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  5. Notice varied and upheld5 February 20263364196
    211 Walworth Road, London, SE17 1RL

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.