14 Gibson's Hill, Norbury, SW16 3JN
London Borough of Croydon — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 15 September 2021
- Authority
- London Borough of Croydon
- Inspector
- O'Brien L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Links Gardens Development Ltd
- Agent
- Mr Sam Adofo
- LPA reference
- 19/05200/FUL
- ONS LPA code
- E09000008
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 16 September 2020
Summary AI
The appeal for a 3 bedroom single storey bungalow was dismissed due to harm to the character and appearance of the area, harm to the living conditions of neighbouring residents, and failure to provide satisfactory living conditions for future occupiers.
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14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision Site Visit made on 5 May 2021 by L J O'Brien BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 15 September 2021 Appeal Ref: APP/L5240/W/20/3254151 14 Gibson's Hill, London SW16 3JN • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Links Gardens Development Ltd against the decision of the Council of the London Borough of Croydon. • The application Ref 19/05200/FUL, dated 19 November 2019, was refused by notice dated 30 January 2020. • The development proposed is erection of a 3 bedroom single storey bungalow on a vacant plot at the rear of 14 Gibson's Hill, SW16 3JN. Decision 1. The appeal is dismissed. Preliminary Matter 2. Following the Council’s refusal of the planning application in January 2020, the London Plan, March 2021 (the London Plan) was adopted, superseding all previous versions of the London Plan. The parties to the appeal were invited to submit copies of the 2021 London Plan and I have determined the appeal on the basis of the adopted London Plan. Main Issues 3.
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision The main issues are: • The effect of the proposal on the character and appearance of the area; and • the effect of the proposal on the living conditions of neighbouring residents with particular regard to outlook; and • whether or not the proposal would provide satisfactory living conditions for future occupiers with particular regard to floorspace. Reasons 4. The appeal site is a broadly rectangular parcel of land to the rear of, and separated from, the corner property at 14 Gibson’s Hill. The side boundary of the site runs along Links Gardens. The proposal is for the construction of a 3 bedroom, single storey bungalow which would front Links Gardens. Character and appearance 5. Gibson’s Hill is a long, tree-lined, residential road characterised by pairs of largely two-storey, semi-detached and detached houses which sit within reasonably large plots and have a similar character and appearance. Links https://www.gov.uk/planning-inspectorate
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/20/3254151 Gardens is a small cul-de-sac which is accessed from Gibson’s Hill and has a similar character and appearance. 6. The proposed dwelling would be single storey with a pitched roof. The roof would also incorporate an area of flat roof to facilitate additional accommodation within the roof space. The proposed roof scape and the single- storey nature of the proposed dwelling would lead to it appearing as an alien feature within its surroundings which would not assimilate well within the area of which it is part. 7. The proposed dwelling would sit forward of the established building line along Links Gardens where the dwellings are set back from the road behind front garden and parking areas. As such, the proposed dwelling would interrupt the pattern of development and would appear visually jarring. 8. The proposed building would occupy a significant proportion of its plot; covering almost the entire width and depth. The existing plot at No 14 would also be significantly reduced in size. Due to the resultant small plot sizes, the proposed building would be in extremely close proximity to neighbouring dwellings. 9.
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision Consequently, the proposal would lead to the built from covering a large percentage of the plots belonging to both the host dwelling at No 14 and the proposed dwelling. The proposal would appear as a cramped addition to the street scene and would fail to reflect the sense of spaciousness within the area which is created by the substantial plots and the separation between dwellings. 10. Furthermore, Policy DM10.4e of the Croydon Local Plan 2018 (LP) states that in the case of development in the grounds of an existing building which is retained, a minimum length of 10m of the existing garden area is retained for the host property after the subdivision of the garden. The dwelling at No 14 would be only around 5/6 metres from the side elevation of the proposed dwelling and would fail to comply with this requirement. 11. For these reasons, the proposal would fail to respect the established pattern and design of development and would cause harm to the character and appearance of the area. The proposal would, therefore, conflict with Policy SP4.1 of the LP. Amongst other things, this Policy requires development of a high quality which respects and enhances Croydon’s varied local character.
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision As set out above, the proposal would also fail to meet the requirements regarding the sub-division of plots set out in Policy DM10.4e of the LP. Living conditions of neighbouring residents 12. The proposed dwelling would be situated extremely close to the boundary with No 12 Gibson’s Hill and, though it would be single storey, would nevertheless project significantly above the existing fence line and would be of a considerable size. Due to its position within the site, the new dwelling would run along the boundary between the appeal site and the rear garden of No 12 for most of the length of the garden thus effectively entirely enclosing the property on that side. 13. The proposed dwelling would also be in close proximity to, and highly prominent in views from, the ground floor, rear habitable rooms of No 12 which, at the time of my site visit, appeared to be in use as the main family/living/dining/kitchen space serving the property. https://www.gov.uk/planning-inspectorate 2
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/20/3254151 14. I note that the proposed building has been designed in such a way so as to attempt to limit any impact on neighbouring residents. However, in my view, the proposal would appear as a dominant feature in the outlook from No 12 and would lead to an excessive sense of enclosure. The proposed dwelling would appear oppressive, causing an unacceptable degree of harm to the living conditions of the occupiers of No 12 Gibson’s Hill in respect of outlook. 15. Though references to the potential effect on No 14 Gibson’s Hill were omitted from the Council’s Reasons for Refusal, it is clear from the Officer’s Report and from the Council’s Appeal Statement that the Council had concerns in this respect. As mentioned above, the proposed dwelling would be only around 5/6 metres from No 14 and would fail to comply with the requirement set out in Policy DM10.4e of the LP which states that a minimum length of 10m of the existing garden area should be retained by the host dwelling. 16. As a result, the proposed dwelling would present a largely blank elevation of a significant size towards the rear habitable rooms and garden area of No 14 at close proximity.
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision I therefore consider that the proposal would appear as an oppressive feature and cause harm to the living conditions of No 14 Gibson’s Hill with particular regard to outlook. 17. As such, the proposal would conflict with Policy DM10 of the Croydon Local Plan which, amongst other things, states that proposals for development will be supported provided that the amenity of the occupiers of adjoining buildings are protected. Living conditions for future occupiers 18. The proposed dwelling would comprise an open plan living/dining/kitchen, a store, a bathroom and two bedrooms at ground floor level with a further bedroom within the loft space. The plans indicate that the proposed dwelling would provide approximately 65m2 of ground floor space with a further 22.5m2 within the roof slope; the total internal floor space would, therefore, be around 87.5m2. 19. Policy D6 of the London Plan, 2021 (London Plan) states that housing development should be of a high quality design and provide adequately-sized rooms. The minimum internal space standards for new dwellings are set out in Table 3.1 which accompanies Policy D6. The table provides minimum space standards based on the number of storeys, bedrooms and bedspaces. 20.
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision There is a dispute between the parties regarding the number of bedspaces which would be provided within the proposed three bedrooms. The appellant holds that the property would be four bedspaces, whereas the Council suggest that it would be five bedspaces. Policy D6 of the London Plan states that a two bedspace bedroom must have a floor area of at least 11.5sqm. There appears to be no doubt that Bedroom 3 at 20sqm would provide two spaces and Bedroom 2 (8.5sqm) would provide one. Bedroom 1 would be 12.5sqm and would, therefore exceed the minimum requirement for a two bedspace room. In my view, due to its size and highly useable rectangular shape, Bedroom 1 would be capable of accommodating twin beds or a double bed and no control regarding whether it was occupied by one or two people would be in place. 21. The London Plan indicates that a three bedroom, two storey, five bedspace dwelling should provide a minimum gross internal floor area of 93sqm. As such, https://www.gov.uk/planning-inspectorate 3
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/20/3254151 the proposed dwelling would not provide adequate internal space thereby resulting in sub-standard accommodation which would fail to provide satisfactory living conditions for future occupiers with particular regard to floorspace. The proposal would, therefore, fail to accord with Policy D6 of the London Plan. 22. The Council make reference to Policy SP2.6 of the LP. However, in my reading, this policy is mainly concerned with affordable housing provision and therefore carries limited weight in my assessment of the scheme before me. Other Matters 23. I have noted a number of other issues raised; including the condition of the site, the effect on the living conditions at other nearby properties, legal matters, parking and the provision of refuse storage on the site. However, as this proposal is going to be dismissed for other reasons and the other concerns expressed do not have a direct bearing on the main issues, it is not necessary for these to be explored further as part of this appeal. 24. I acknowledge that the dwelling would be in a location well served by existing facilities and infrastructure.
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — Appeal Decision I also recognise that the proposal would provide some, limited, benefits for example by providing a new home. I also acknowledge the economic benefits of engaging local professionals, trades and suppliers and the ongoing benefit of the occupiers of the proposed dwelling utilising local facilities. These benefits are, however, limited by the small scale of the proposal and must be considered in that context. 25. I have given careful regard to all of the above considerations. However, none are sufficient to dissuade me from the conclusions I have reached that the proposal would cause harm to the character and appearance of the area, would harm the living conditions of neighbouring occupiers with particular regard to outlook and would fail to provide satisfactory living conditions for future occupiers. Conclusion 26. The proposal would not accord with the development plan when it is considered as a whole and I have not identified any material considerations which indicate that the appeal should be allowed. For the reasons given above I conclude that the appeal should be dismissed.
14 Gibson's Hill, Norbury, SW16 3JN — London Borough of Croydon — L J O'Brien INSPECTOR https://www.gov.uk/planning-inspectorate 4
Main issues and findings
Character and appearance Against appellant ¶5-10
The proposed dwelling would lead to it appearing as an alien feature within its surroundings which would not assimilate well within the area of which it is part. The proposed building would occupy a significant proportion of its plot; covering almost the entire width and depth. The existing plot at No 14 would also be significantly reduced in size.
Living conditions Against appellant ¶12-16
The proposed dwelling would project significantly above the existing fence line and would be of a considerable size, causing an unacceptable degree of harm to the living conditions of the occupiers of No 12 Gibson’s Hill in respect of outlook.
Living conditions Against appellant ¶17
The proposed dwelling would present a largely blank elevation of a significant size towards the rear habitable rooms and garden area of No 14 at close proximity, causing harm to the living conditions of No 14 Gibson’s Hill with particular regard to outlook.
Living conditions Neutral ¶18-19
The proposed dwelling would provide approximately 65m2 of ground floor space with a further 22.5m2 within the roof slope; the total internal floor space would, therefore, be around 87.5m2. The London Plan indicates that a three bedroom, two storey, five bedspace dwelling should provide a minimum gross internal floor area of 93sqm.
Living conditions Against appellant ¶21
The proposed dwelling would not provide adequate internal space thereby resulting in sub-standard accommodation which would fail to provide satisfactory living conditions for future occupiers with particular regard to floorspace.
Policies relied on
| Reference | Weight |
|---|---|
| Croydon Local Plan 2018 (LP) Policy DM10.4e |
Determinative |
| London Plan, 2021 (London Plan) Policy D6 |
Determinative |
| Croydon Local Plan 2018 (LP) Policy SP4.1 |
Substantial |
| Croydon Local Plan 2018 (LP) Policy DM10 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 15 September 2021 under the Open Government Licence.