Flat B, 1 Halford Road, LONDON, SW6 1JS

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — by D J Barnes MBA BSc(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State for Housing, Communities and Local Government Decision date: 29 September 2021.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — 1A Halford Road, London SW6 1JS • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73A of the Town and Country Planning Act 1990 for the development of land carried out without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Alec Cherry against the decision of the Council of the London Borough of Hammersmith and Fulham. • The application Ref 2020/02659/VAR, dated 15 October 2020, was refused by notice dated 14 December 2020. • The application sought planning permission for the conversion of lower ground floor and upper ground floor level into 2 x one bedroom self-contained flats, without complying with a condition attached to planning permission Ref 2017/00422/FUL, dated 7 April 2017. • The condition in dispute is No. 10 which states that: No occupier of the self contained flat at upper ground floor levels hereby permitted, with the exception of disabled persons who are blue badge holders, shall apply to the Council for a parking permit or retain such a permit, and if such a permit is issued it shall be surrendered to the Council within seven days of written demand.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — 1A Halford Road, London SW6 1JS • The reason given for the condition is: In order to ensure that the development does not harm the existing amenities of the occupiers of neighbouring residential properties by adding to the already high level of on-street car parking stress in the area, in accordance with Policy DM A1, A9, J2 and J3 of the Development Management Local Plan 2013 and Policy T1 of the Core Strategy 2011.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. https://www.gov.uk/planning-inspectorate

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. https://www.gov.uk/planning-inspectorate Appeal Decision APP/H5390/W/21/3266667 Procedural Matters 3. The address of the appeal site has been taken from the original planning approval notice. The planning permission concerns the conversion of lower and upper ground floor levels into 2 No. 1-bedroom flats but the disputed condition relates to the upper ground floor levels which are understood to be Flat 1B. This is referred to as the appeal property. 4. The Hammersmith and Fulham Local Plan (LP) was adopted on 28 February 2018, thereby superseding the policies referred to in the original approval notice. This appeal has been determined on the basis of policies in this adopted plan, and with reference to relevant national policy and guidance. 5. As part of the appeal the appellant claims that conditions 6 and 11 are also unnecessary. These conditions have been assessed in this Decision Letter as part of the assessment of the Other Conditions. Main Issue 6. The main issue is whether or not condition 10 is reasonable, necessary and relevant to planning having regard to on-street parking provision within the surrounding area. Reasons 7.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. Although an updated version of the National Planning Policy Framework (the Framework) was published in July 2021 it did not alter the tests against which planning conditions should be assessed. Paragraph 55 states that planning conditions should only be imposed where, amongst other tests, they are relevant to planning and the development to be permitted, as well as being reasonable in all other respects. 8. Condition 10 prevents the occupiers of the appeal property created by the permission from applying to the Council for a parking permit, or from retaining such a permit, with the exception of disabled persons who are blue badge holders. The condition states that if such a permit is issued it must be surrendered on demand. The reason for imposing the condition was to avoid harming the amenities of the occupiers of neighbouring properties by adding to the on-street parking demand within the local area. 9. A planning permission and any attached conditions run with the land or building, and not with any individual. The prevention of an individual, or group of individuals, from such actions, in this case applying for a permit, is not a restriction on the land or buildings.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. The condition is not, therefore, a restriction that would be associated with the property which is the subject of the planning permission granted. Although their individual circumstances may be different, this approach to the interpretation of condition 10 is consistent with the approach adopted by Inspectors in the other appeals which have been referred to by the appellant1. 10.LP Policy T4 and key principle TR3 of the Hammersmith and Fulham Planning Guidance Supplementary Planning Document (SPD) require, amongst other matters, car parking permit free measures on all new development in areas of 1 APP/H5390/W/19/3239657, APP/H5390/W/19/3224611, APP/H5390/W/16/3167706 AND APP/H5390/W/18/3212200 https://www.gov.uk/planning-inspectorate

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. Appeal Decision APP/H5390/W/21/3266667 good public transport availability. The Council has identified that the property has a PTAL rating of 6a and, therefore, has good public transport accessibility. 11.LP Policies T1 and HO2 seek to ensure that traffic generated by new development is minimised so that it does not add to parking pressures on local streets. Reference to made to streets where there is less than 10% night-time free space that the number of additional dwellings may be restricted or conditioned to allow no additional on street parking. 12.Whilst I acknowledge the objectives of the development plan policies, I have found that disputed condition 10 does not meet the tests in the Framework for the use of conditions and it is not an appropriate mechanism to secure those objectives. Accordingly, it is concluded that condition 10 does not meet all the relevant tests as set out in the Framework and it is, therefore, unnecessary to go on to consider the effect of removing the condition, including the issues related to parking stress.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. Other Conditions 13.The Planning Practice Guidance makes clear that decision notices for the grant of planning permission under Section 73 of the Act should repeat the conditions from the original planning permission where relevant. The permission was granted in 2017, and has been implemented. This means that the standard time condition and a condition requiring the development to be carried out and completed in accordance with the submitted plans are no longer relevant. 14.Clarification was sought from the parties about the status of the pre- commencement conditions and other conditions requiring the development to be constructed in a particular way. However, no information has been provided as to whether these conditions have been fully discharged. The guidance in the Planning Practice Guidance makes clear that decision notices for the grant of planning permission under section 73 of the 1990 Act should restate the conditions imposed on earlier permissions that continue to have effect. As I have no information before me about the status of these types of conditions, I shall impose all those that I consider remain relevant.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. For such conditions to remain relevant, there may be a need to amend their wording in the interests of clarity and enforceability. In the event that some conditions have in fact been discharged, that is a matter which can be addressed by the parties. 15.Condition 6 requires the Council to be notified of the postal address of the new residential units. This is to enable the Council to update its records, and since it would also be the Council issuing any parking permit, to ensure that parking permits are not issued to the occupiers of the property. Although it may be helpful to the Council, the primary purpose of this condition is to assist in the administration of parking permit applications, rather than to fulfil any relevant planning policy objective. Accordingly, condition 6 is both unnecessary and irrelevant to planning and, as such, it fails to meet the tests of conditions as set out in the Framework. 16.Condition 11 requires the approval of a scheme to ensure that all occupiers of the property, other than those who are blue badge holders, have no entitlement to parking permits from the Council. The scheme also needs to ensure that occupiers are informed of such a restriction prior to occupation.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. https://www.gov.uk/planning-inspectorate

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. https://www.gov.uk/planning-inspectorate Appeal Decision APP/H5390/W/21/3266667 17.From the evidence available, it appears that, whatever the mechanism that may be used, it would seek to restrict the rights of an individual or individuals to undertake an act rather than a restriction that would be associated with the property that is the subject of the planning permission granted. The approach that the Council has taken in respect of this condition is therefore unreasonable and not relevant to planning. Accordingly, condition 11 does not meet all the relevant tests as set out in the Framework. 18.A condition precluding the use of the property as a house in multiple occupation is unnecessary because the original development comprised 2 No. 1-bedroom flats which would not lend themselves to being occupied for this other form of residential accommodation. Noise attenuation and water efficiency measures conditions are considered unnecessary because these matters are normally implemented through other legislation. 19.As already identified, in the absence of any information about the status of the other conditions, I shall impose all those that I consider remain relevant.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — a separate Decision. A condition requiring compliance with the approved Flood Risk Assessment is necessary to ensure that the risk of flooding is not increased. A condition requiring cycle storage is necessary in the interests of encouraging sustainable transport. For reasons of ensuring appropriate and adequate refuse storage space is provided then a condition is necessary for this purpose. Conclusion 20.For the reasons given above, it is concluded that the appeal should be allowed, subject to the conditions set out in the Conditions Schedule below.

Flat B, 1 Halford Road, LONDON, SW6 1JS — London Borough of Hammersmith and Fulham — D J Barnes INSPECTOR Conditions Schedule 1. The development hereby permitted shall not be occupied until 2 bicycle parking spaces have been provided in accordance with details that have been submitted to and approved in writing by the local planning authority. The spaces shall thereafter be kept available for the parking of bicycles. 2. The development hereby permitted shall not be occupied until space for the storage of refuse and recycling containers has been provided in accordance with details that have been submitted to and approved in writing by the local planning authority. The space shall thereafter be kept available for the storage of refuse and recycling containers. 3. The development hereby permitted shall be carried out in accordance with the Flood Risk Assessment and the flood risk mitigation details. Flood resilient construction methods should be implemented and thereafter the flood resilience measures shall be permanently retained and maintained. END https://www.gov.uk/planning-inspectorate