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Planning appeal decision

Dismissed13 December 20233321134

33-41 Masons Hill, Bromley, BR2 9HD

Planning appeal 3321134 at 33-41 Masons Hill, Bromley, BR2 9HD (London Borough of Bromley) was dismissed on 13 December 2023 by Inspector Wallis D, following a hearing. The main issue, as the Inspector framed it: whether or not the development passes the flood risk sequential test.

Demolition of the existing buildings and redevelopment of the site for a new part 8/ part 11 storey building comprising flexible commercial floorspace (Use Class E) at ground floor with residential units (Use Class C3) above, along with the associated amenity space, ancillary refuse and recycling storage, cycle parking and wheelchair parking

Authority
London Borough of Bromley
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Wallis D
Postcode
BR2 9HD

Main issues, as the Inspector framed them

  • whether or not the development passes the flood risk sequential test
  • whether or not the development would give rise to an unacceptable risk of flooding
  • the effects of the development on social infrastructure

What decided it

The proposal's failure of the flood risk sequential test combined with an inadequate setback from the culverted river, engaging NPPF footnote 7 and providing a clear reason for refusal.

Because footnote 7 to paragraph 11 of the Framework applied, the tilted balance was not engaged and the scheme's benefits were not weighed in detail against the identified flood risk harm, resulting in dismissal for conflict with the development plan.

What the Inspector cited

Development plan policies
Policy SI 12Policy 115Policy DF1Policy 125
National Planning Policy Framework
Paragraph 11Paragraph 160

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

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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.