414 Upper Elmers End Road, Beckenham, BR3 3HG

construction of a pitched roof with rooflights to sides over single storey building to provide additional storage space and elevational alterations without complying with a condition attached to planning permission ref DC/24/00787/FULL1 dated 28 May 2024

Authority: Bromley
Appeal type: Planning
Procedure: Written
Development: other
Postcode: BR3 3HG

Main issues, as the Inspector framed them

Whether, as a matter of law, the proposal can be considered as a minor material amendment under section 73 of the Act and if so, whether the scheme complies with the development plan and national policy

What decided it

The proposed variation to condition 4 would permit Class E(d) use (indoor sport, recreation or fitness), which is incompatible with the original description of development as storage, and therefore cannot be achieved through section 73; a fresh planning application would be required.

Plan policies cited: Policies 4, 10, 37, 86, and 99 of the Bromley Local Plan

Judgments cited: Finney V Welsh Ministers & Others [2019] EWCA Civ 1868

Read the decision letter on the Inspectorate’s site

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What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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