Case 3279949

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA

London Borough of Croydon — appeal allowed

Outcome
Allowed
Decision date
14 March 2022
Authority
London Borough of Croydon
Inspector
Davies G
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Major dwellings
Appellant
Marshall Hurley Bratt Sandrock LLP
Agent
Savills
LPA reference
20/02136/FUL
ONS LPA code
E09000008
Jurisdiction
Transferred
Link status
Not Linked
Start date
9 December 2021

Summary AI

The appeal was allowed as the development would not harm the character or appearance of the area, including the non-designated heritage asset of The Sandrock Public House, and would create acceptable living conditions for future occupants.

Generated from the decision letter — check against the original before relying on it.

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Page 1 · Chunk 0 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Site visit made on 7 March 2022 by Guy Davies BSc (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 14 MARCH 2022 Appeal Ref: APP/L5240/W/21/3279949 The Sandrock, 152 Upper Shirley Road, Croydon CR0 5HA • 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 Marshall Hurley Bratt Sandrock LLP against the decision of the Council of the London Borough of Croydon. • The application Ref 20/02136/FUL, dated 28 April 2020, was refused by notice dated 10 March 2021. • The development proposed is the erection of two storey side and rear extension to The Sandrock Public House to provide an enlarged service (including front seating area) to the existing pub (sui generis) and conversion of the upper floors including extension to form 4 flats, and construction of a three storey building to the rear comprising 11 flats and 4 houses, hard and soft landscaping, communal/amenity/play space, car parking between the two buildings, new crossover along Sandrock Place, boundary treatment and refuse and cycle provision. Decision 1.

Page 1 · Chunk 1 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision The appeal is allowed and planning permission is granted for the erection of a two storey side and rear extension to The Sandrock Public House to provide an enlarged service (including front seating area) to the existing pub (sui generis) and conversion of the upper floors including extension to form 4 flats, and construction of a three storey building to the rear comprising 11 flats and 4 houses, hard and soft landscaping, communal/amenity/play space, car parking between the two buildings, new crossover along Sandrock Place, boundary treatment and refuse and cycle provision at The Sandrock, 152 Upper Shirley Road, Croydon CR0 5HA in accordance with the terms of the application, Ref 20/02136/FUL, dated 28 April 2020, and subject to the conditions in the attached schedule. Preliminary Matters 2. The appeal is accompanied by a legal undertaking under Section 106 of the Town and Country Planning Act 1990 securing financial contributions or other obligations towards improvements in air quality, carbon off-set, sustainable transport provision, local employment and training, restrictions on parking permits, highway works, retention of the scheme architect, affordable housing provision, and a monitoring fee.

Page 1 · Chunk 2 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision I comment further on the undertaking in my reasoning. 3. The scheme was revised during the course of the application. I have considered the revised scheme on which the Council made its decision. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision I comment further on the undertaking in my reasoning. 3. The scheme was revised during the course of the application. I have considered the revised scheme on which the Council made its decision. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/21/3279949 Main Issues 4. The main issues are the effect of the development on: • the character and appearance of the area, including the locally listed building of The Sandrock Public House; • the living conditions of future and neighbouring occupants, with regard to overlooking, outlook and daylight; and • on-street parking. Reasons Character and appearance of the area 5. The area is suburban in character with a mix of buildings of different ages, sizes, and styles on the edge of more open wooded ground lying to the south and west. The Sandrock Public House stands on the corner of Upper Shirley Road and Sandpits Lane. Land to the rear slopes up with the car park of the pub dug into the rising ground to form a flat area bordered to the rear and along the boundary with Upper Shirley Road by steep, tree covered banks. The other side boundary is divided from Sandrocks Place by a boundary fence. Sandrocks Place is a small development of terraced and detached 2 storey houses lying behind 1 and 2 storey dwellings fronting Sandpits Road. Both these roads are at the same level as the appeal site. 6.

Page 2 · Chunk 5 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision The proposed development consists of two parts: a two storey side and rear extension to the public house; and a three storey block of flats and houses at the rear. 7. The Sandrock Public House is recognised as a non-designated heritage asset, being a good example of a late Victorian public house in brick and slate with a curved corner elevation and decorative brickwork to the dentil course, corners, first and second floor windows and banding. The ground floor has been rendered at some later stage, but it remains a solid and distinctive building on a prominent corner location. Its refurbishment and retention as part of the scheme would therefore be of benefit to the character and appearance of the area. 8. The proposed two storey side and rear extension would replace existing single storey extensions to the public house. Elevations to Sandpits Lane and Upper Shirley Road would be set back from the façade of the public house and be no higher than eaves level. Windows would be of a similar size and proportion to those in the original building but without arched heads.

Page 2 · Chunk 6 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Revisions made during the course of the application have introduced architectural details that would echo certain features on the retained building, including soldier and dentil courses at first and eaves height respectively, and banding to the ground floor. 9. The size and flat roofed nature of the extension has drawn criticism from the Council and in representations as failing to be subservient to the heritage asset and at odds with its character because of the flat roof. While it would be of a considerable size in relation to the retained building, the recessed position of the main elevations would help to make it subservient in appearance and would allow the retained building to maintain its prominence on the corner. The flat roofed design departs from that of the original building, but it has been https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/21/3279949 purposely designed in this way to reduce the height of the extension so that it does not compete with the heritage asset. I consider that to be a legitimate design response to the provision of residential accommodation while seeking to retain the public house building on the site. The glass lantern over the stairwell is likely to be hidden in most views from ground level and would not therefore appear intrusive. The use of matching materials and the architectural detailing proposed during the course of the application would be important in helping to integrate the extension with the heritage asset. These details could be secured through the use of a condition. 10. The 3 storey residential block would be separated from the public house by a parking and turning area. Because of that separation I consider that it would not appear overbearing in relation to the heritage asset.

Page 3 · Chunk 8 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Although the massing of the building would be considerably greater than any other building or building group in the area, the sunken nature of the site with land rising to the south, and the retention of mature trees at the rear and along Upper Shirley Road would help to screen the bulk of the development in views from the main road. They would also form a backdrop to views of the building from Sandpits Lane and Sandrock Place. 11. Although introducing significant additional building on to the site, the scale of development accords with the general approach in the Croydon Local Plan 2018 (the ‘Local Plan’) and London Plan 2021 (the ‘London Plan’) which seek to make the most efficient use of land, including increasing densities and building heights where appropriate, to meet housing demand and accommodate growth. 12. I conclude that the development would not harm the character or appearance of the area, including the non-designated heritage asset of The Sandrock Public House, which would be retained as part of the development on its prominent corner site.

Page 3 · Chunk 9 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Consequently, the development would accord with Policies D1, D3, D4 and HC1 of the London Plan and Policies SP4, DM10 and DM18 of the Local Plan, which require new development to be well designed, have regard to the character of its locality, and retain and enhance heritage assets. Living conditions 13. The closest neighbouring property to the site is a two storey house at 1a Sandrock Place. A forward facing ground floor window closest to the boundary in this property would experience some loss of daylight because of the proximity of the southern wing of the residential block. This window is already partly overshadowed by a forward projection on the house itself. I consider the loss of daylight would not be so severe as to significantly harm the enjoyment of the dwelling. Daylight to windows in other properties would not be materially affected by the development. 14. The northern wing of the residential block would be visible in views from the front windows of 1a Sandrock Place. However, it would be some distance away and viewed obliquely. I consider it would not appear overbearing or excessively dominant.

Page 3 · Chunk 10 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision The same applies to the southern wing, which would have a side-by- side relationship with 1a Sandrock Place, a relationship that is commonly found in residential areas. 15. In terms of overlooking, the development would have windows at first and second floor levels. Those facing south would have a limited, oblique view of https://www.gov.uk/planning-inspectorate 3

Page 3 · Chunk 11 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision The same applies to the southern wing, which would have a side-by- side relationship with 1a Sandrock Place, a relationship that is commonly found in residential areas. 15. In terms of overlooking, the development would have windows at first and second floor levels. Those facing south would have a limited, oblique view of https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 12 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/21/3279949 the rear gardens of the nearest houses in Sandrock Place, but that would be no different to the normal relationship between residential dwellings in a row. Although the 2 proposed houses in the southern block would have terraces at first floor, these would be contained between the ground and second floors, and would have a solid flank wall, preventing direct overlooking of the neighbouring gardens. 16. Windows in the flank elevation of the northern block would look across the rear gardens of properties fronting Sandpits Lane. These gardens are already visible from the first floor windows of the terraced and detached properties in Sandrock Place. I consider any additional overlooking from the proposed development of these gardens would not lead to any harmful loss of privacy. 17. All the proposed flats would be either dual or triple aspect. Therefore, while some windows in the southern and western elevations of the rear block, particularly at ground floor level, would experience overshadowing from the sloping banks and mature trees, overall, I consider the units would achieve satisfactory levels of daylight and ventilation.

Page 4 · Chunk 13 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision All the units would comply with minimum space standards, and all would be provided with private amenity space other than 2 units in the retained public house building. These units would however have access to the communal amenity areas on the wider site. Given the desirability of retaining the non-designated heritage asset in as original form as possible, I consider this arrangement to be acceptable in this case. 18. I conclude that the development would create acceptable living conditions for future occupants and would not unacceptably harm the living conditions of occupants of neighbouring dwellings. It would therefore comply with Policies D1, D3, D4 and D6 of the London Plan and Policies SP4 and DM10 of the Local Plan, which require new development to meet quality standards and protect the amenities of the occupiers of adjoining buildings. Parking demand 19. There is concern from local residents as well as the Council about a lack of parking provision in the development, and the effect that might have in placing greater pressure on on-street parking in the vicinity of the site.

Page 4 · Chunk 14 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision That concern is exacerbated by the area’s low Public Transport Accessibility Level (PTAL) rating of 2, and the existing amount of on-street parking. 20. The strategic approach to transport in Policy T1 of the London Plan is that 80% of trips in London should be made by foot, cycle or public transport by 2041, and that car parking in new development should be restricted to facilitate that objective. Even outside areas well connected by public transport, Policy T6 of the London Plan requires developments to be designed to provide the minimum necessary parking. The policy goes on to say that the absence of local on- street parking controls should not be a barrier to new development, with boroughs expected to implement these controls wherever necessary to allow existing residents to maintain safe and efficient use of their streets. 21. The proposal includes 10 parking spaces for the residential part of the development, and none for the public house. The appeal is accompanied by a legal undertaking that would secure a contribution towards sustainable transport improvements and prevent occupants of the development applying for permits in any future controlled parking zone.

Page 4 · Chunk 15 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision I consider that the https://www.gov.uk/planning-inspectorate 4

Page 4 · Chunk 16 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision I consider that the https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/L5240/W/21/3279949 combination of the on-site parking spaces and the obligations in the legal undertaking adequately address the likelihood of parking pressure arising from the residential element of the scheme. 22. With regard to the public house, parking surveys carried out as part of a Transport Assessment on behalf of the appellant indicate that there is capacity within the surrounding streets to accommodate the likely on-street parking that it would generate. I note the criticisms of the Transport Assessment from the Council and in some representations, but it uses an accepted assessment method and I place weight upon it. The spare capacity is mainly found on Oaks Road rather than Sandpits Lane or Sandrock Place, which do reach capacity during evenings and weekends. Oaks Road is on the opposite side of Upper Shirley Road to the public house but is within walking distance of it and there is a crossing point with a pedestrian refuge adjacent to the site to aid patrons crossing the road. It is therefore reasonable to take this capacity into account in assessing the scheme. 23.

Page 5 · Chunk 17 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision The general approach of reducing car borne movements and encouraging alternative means of transport in both the London Plan and Local Plan means that the amount of car parking spaces in a development would not normally justify opposing it unless it could be demonstrated that demand arising from the development would cause unacceptable parking stress in the area, that could not be resolved through the imposition of parking controls. 24. Having regard to the on-street parking capacity in the wider area, and the obligations that the appellant has agreed to in the legal undertaking, I conclude that it has not been demonstrated that an unacceptable level of parking stress would be caused to the wider area. The demand for on-street parking arising from the development would therefore be acceptable. If in the future demand for on-street parking were to cause a problem, the Council could implement a controlled parking zone, with the obligation contained in the legal undertaking preventing occupants of the development from applying for parking spaces within that zone.

Page 5 · Chunk 18 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision The proposal would therefore comply with Policies T1, T4 and T6 of the London Plan and Policies SP8, DM29 and DM30 of the Local Plan, which seek a modal shift towards sustainable forms of movement, while mitigating transport impacts of new development. Other Matters 25. Concern has been raised at the future viability of the public house, given that it would have no customer parking and a more limited outdoor seating area. There is no guarantee that it would be viable, but there are many public houses without parking or outdoor seating that operate effectively and therefore the absence of these facilities, by themselves, are not determinative of the future success of the business. 26. I have considered the obligations in the legal undertaking against the requirements of Regulation 122 of the Community Infrastructure Regulations 2010 (as amended). For the reasons set out above I consider the obligations relating to sustainable transport and restrictions on future occupants applying for parking permits to be necessary to address issues around transport and parking arising from the development.

Page 5 · Chunk 19 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision I am also satisfied that the obligations requiring affordable housing, and contributions towards air quality, carbon off- set, local employment and training, and highway works are necessary to meet policy requirements of the development plan, are related to the development https://www.gov.uk/planning-inspectorate 5

Page 5 · Chunk 20 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision I am also satisfied that the obligations requiring affordable housing, and contributions towards air quality, carbon off- set, local employment and training, and highway works are necessary to meet policy requirements of the development plan, are related to the development https://www.gov.uk/planning-inspectorate 5

Page 6 · Chunk 21 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/21/3279949 and are proportionate in scale and kind. The monitoring fee is a matter between the parties, but it is reasonable to ensure the obligations are enacted as and when required. The obligation to retain the scheme architect has no basis in policy but given the importance of ensuring that the detailing of the extension to the non-designated heritage asset is carried out competently, I consider that to be a reasonable agreement in the circumstances. 27. Concern has been raised in some representations on the effect of the development on sewerage, highway safety, pressure on local services, and accessing the site via Sandrock Place. None of the statutory agencies responsible for the delivery of these services have raised objection to the scheme, and I have been presented with no evidence to demonstrate that there would be insurmountable problems arising on these grounds. They are therefore not determining issues in this case. 28. Other less dense forms of development have suggested as alternative schemes for the site. While other forms of development may be acceptable and preferred by some local residents, I am required to determine the scheme that is the subject of the appeal.

Page 6 · Chunk 22 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Conditions 29. I have considered the conditions suggested by the Council against the tests set out in paragraph 56 of the National Planning Policy Framework. I have imposed those which I consider meet the tests, with some rewording where necessary in the interests of clarity and consistency. 30. In addition to the standard time limit condition, a condition listing the approved plans is necessary in the interests of certainty. 31. Conditions requiring approval of a construction logistics plan and ground contamination survey and remediation are necessary to minimise disruption to neighbouring occupants and ensure the site is safe for future occupation. These conditions need to be approved and implemented prior to development. The appellant has provided written agreement to them in the appeal statement. 32. Conditions requiring a drainage strategy, fire strategy and noise assessment are necessary in the interests of future occupants and to ensure that the development does not exacerbate the risk of flooding outside the site. 33.

Page 6 · Chunk 23 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Conditions requiring approval of external materials, building details, and hard and soft landscaping are necessary in the interests of the appearance of the development and the character of the area. A condition requiring protection of trees to be retained on the site is needed for the same reason. 34. Implementation of biodiversity enhancement measures is necessary in the interests of the ecological value of the site. I have omitted a separate condition requiring appointment of an ecological clerk of works as this is a matter for agreement between the parties, and can be included, if necessary, in the biodiversity strategy that is required to be approved. A condition requiring approval of external lighting is necessary to address impacts specific to bats. 35. Conditions requiring approval and implementation of cycle storage, refuse and recycling bin storage, parking, electric vehicle charging points and visibility splays are necessary to ensure these facilities are installed for the benefit of future occupants and to support sustainable modes of transport. https://www.gov.uk/planning-inspectorate 6

Page 7 · Chunk 24 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/21/3279949 36. Conditions requiring approval of details of piling, delivery and servicing, air quality, and noise from any mechanical plant or fixed machinery on the site are necessary in the interests of the living conditions of future and neighbouring occupants. 37. Conditions requiring improved energy efficiency, accessibility and water usage are necessary in the interests of sustainable development and to accord with policy requirements. 38. I have not imposed conditions requiring a developer obtain a bat licence or accreditation under ‘Secured by Design’ as these are subject to approval by bodies other than the Council, and therefore outside its control. If they are necessary, it would be for the developer of the site to obtain them through separate processes. I have also not imposed a condition which would result in the installation of public art as I have been given no justification by the Council as to why this should be imposed. In the absence of any justification, it fails the test of necessity. Conclusion 39.

Page 7 · Chunk 25 Appeal Decision

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Appeal Decision I have found that the development would accord with policies relating to the character and appearance of the area, the living conditions of future and neighbouring occupants, and transport and parking. Having regard to those findings I conclude that the development accords with the development plan when taken as a whole. There are no material considerations that indicate I should reach a contrary finding. I therefore conclude that the appeal should be allowed.

Page 7 · Chunk 26 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies INSPECTOR Schedule of conditions 1) The development hereby permitted shall begin not later than 3 years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved plans: 197770-001 (Site Location), 01, 02, 03, 04, 05, 06, 07, 08, 09, 10, 11, 12, CCL 10425 Rev 1 (Tree Protection Plan), CCL 10425 Rev 2 (Tree Removal Plan), CCL 10425 Rev 2 (Impact Assessment Plan), SPH-P155- S2-P0 (Topographical Survey)–received 19/05/2020. 2372-PLA-00-DR-L-0001 S1 P03, 2372-PLA-00-DR-L-0200 S1 P02, 2372- PLA-00-DR-L-0100 S1 P03, 2372-PLA-00-DR-L0300 S1 P03, SPH–P170– S2 – P3, 1743–P273–S2–P8, 1743–P272–S2–P9, 1743–P271–S2–P9, 1743–P270 –S2–P9, SPH–P176–S2–P0, SPH–K606–S2–P0, SPH–K605– S2–P0, SPH– P174–S2–P4, SPH–P174–S2 P4, SPH–K607–S2–P0, 1743– P370–S2–P2, 1743–P371–S2–P2, SPH-K600-S2-P0–received 08/02/2021. https://www.gov.uk/planning-inspectorate 7

Page 8 · Chunk 27 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Appeal Decision APP/L5240/W/21/3279949 3) Prior to the commencement of development, a construction logistics plan shall be submitted to and approved in writing by the Local Planning Authority.

Page 8 · Chunk 28 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Appeal Decision APP/L5240/W/21/3279949 3) Prior to the commencement of development, a construction logistics plan shall be submitted to and approved in writing by the Local Planning Authority.

Page 8 · Chunk 29 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies The plan shall include the following information for the development: (1) hours of construction, (2) hours of deliveries, (3) parking of vehicles associated with deliveries, site personnel, operatives, and visitors, (4) facilities for the loading and unloading of plant and materials, (5) details of the storage facilities for any plant and materials, (6) the siting of any site huts and other temporary structures, including site hoardings, (7) details of the proposed security arrangements for the site, (8) details of the precautions to guard against the deposit of mud and substances on the public highway, to include washing facilities by which vehicles will have their wheels, chassis and bodywork effectively cleaned and washed free of mud and similar substances prior to entering the highway, (9) details outlining the proposed range of dust control methods and noise mitigation measures during the course of construction of the development, having regard to Croydon Councils 'Code of Practice on Control of Pollution and Noise from Construction sites', BS 5228, Section 61 consent under the Control of Pollution Act 1974, and the Mayor of London's 'Control of Dust and Emissions During Construction and Demolition' Supplementary

Page 8 · Chunk 30 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Planning Guidance (July 2014), (10) demonstration of how consideration has been given for the logistic routes of adjacent sites in their CLP, and how you will work with adjacent sites to agree appropriate delivery schedules to avoid traffic congestion.

Page 8 · Chunk 31 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Planning Guidance (July 2014), (10) demonstration of how consideration has been given for the logistic routes of adjacent sites in their CLP, and how you will work with adjacent sites to agree appropriate delivery schedules to avoid traffic congestion.

Page 8 · Chunk 32 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies The construction logistics plan shall be implemented as approved for the duration of the construction period. 4) Prior to the commencement of development, a report of an investigation into any ground contamination on the site shall be submitted to and approved in writing by the Local Planning Authority to include: i) a phase 1 desk study report detailing the historical uses of the site to provide an assessment into the possibility of soil contamination, ii) if recommended by the phase 1 report, a phase 2 intrusive site investigation and risk assessment into the possibility of soil, water, and gaseous contamination. If the site investigation indicates the presence of significant potential pollutant linkages, a strategy detailing the remedial measures required to render the site suitable for its intended use must be carried out. Details of the remedial works must be submitted to and approved in writing by the Local Planning Authority before any such works are carried out and completed prior to the occupation of any building.

Page 8 · Chunk 33 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Prior to the occupation of the development hereby permitted, a validation report detailing evidence of all remedial work carried out shall be submitted to and approved in writing by the Local Planning Authority. The developer shall notify the Local Planning Authority of any on site contamination not initially identified by the site investigation, so that an officer of the Council may attend the site and agree any appropriate remedial action. https://www.gov.uk/planning-inspectorate 8

Page 8 · Chunk 34 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Prior to the occupation of the development hereby permitted, a validation report detailing evidence of all remedial work carried out shall be submitted to and approved in writing by the Local Planning Authority. The developer shall notify the Local Planning Authority of any on site contamination not initially identified by the site investigation, so that an officer of the Council may attend the site and agree any appropriate remedial action. https://www.gov.uk/planning-inspectorate 8

Page 9 · Chunk 35 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Appeal Decision APP/L5240/W/21/3279949 5) Prior to commencement of works other than for demolition on the site, a revised Flood Risk Assessment and Drainage Strategy shall be submitted and approved in writing by the Local Planning Authority. The strategy shall be carried out prior to occupation of the development hereby permitted and operated in accordance with the details approved. 6) Prior to commencement of works other than for demolition on the site, a detailed fire strategy shall be submitted to and approved in writing by the Local Planning Authority. The strategy shall be implemented prior to occupation of the development hereby permitted and operated in accordance with the details approved. 7) Prior to commencement of works other than for demolition on the site, a noise assessment shall be submitted to and approved in writing by the Local Planning Authority setting out how a satisfactory noise environment will be achieved within residential homes created by the development, and how the commercial unit will operate without causing harm by reason of excessive noise to residential units and the amenity of existing neighbouring properties.

Page 9 · Chunk 36 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Any details identified by the assessment as being necessary to avoid noise disturbance shall be installed prior to occupation of the development hereby permitted and thereafter retained. 8) Prior to commencement of works above ground level, details or samples of all external facing materials including balustrades and window/door frames, as well as details of sample panels erected on site in an appropriate location of all external brickwork showing pointing style, bond, and mortar (which shall also be made available for inspection), shall be submitted to, and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details approved.

Page 9 · Chunk 37 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Any details identified by the assessment as being necessary to avoid noise disturbance shall be installed prior to occupation of the development hereby permitted and thereafter retained. 8) Prior to commencement of works above ground level, details or samples of all external facing materials including balustrades and window/door frames, as well as details of sample panels erected on site in an appropriate location of all external brickwork showing pointing style, bond, and mortar (which shall also be made available for inspection), shall be submitted to, and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the details approved.

Page 9 · Chunk 38 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies 9) Prior to commencement of works above ground level, the following details shall be submitted to and approved in writing by the Local Planning Authority: a) green roof design including detailed sections and details on biodiversity, b) typical bay sections at a scale of either 1:10 or 1:20 through the development, c) detailed elevations and section of balconies including sofit, floor material, and balustrade, d) detailed elevations/section/plan of main front entrances, e) detailed elevations/section/plan of architectural details to extension to the public house, f) details of junctions between materials, g) detailed elevations/sections/plan of any external plant and machinery, h) details of any external pipes, vent or flues. The development shall be carried out in accordance with the details approved. 10) Landscaping within the development shall be carried out in accordance with the details shown on drawings 2372–PLA–00-DR-L-001 Rev 3, 0100 Rev 3, 0200 Rev 2, 0300 Rev 3 and 2372-ID-002-01. In addition, and prior to commencement of works above ground level, the following details https://www.gov.uk/planning-inspectorate 9

Page 10 · Chunk 39 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Appeal Decision APP/L5240/W/21/3279949 shall be submitted to and approved in writing by the Local Planning Authority: a) all boundary treatments, gates, and fencing/garden walls/balustrading, retaining structures and, defensible planting within and around the development, including plant mixes layouts and densities, b) all details of play equipment and accessibility of play equipment including of child play space including, area calculation, elevation and sections, manufacturers details of equipment as relevant, and all levels, ramps and falls including ramp gradients to access playspace, c) replacement trees including species, maturity, and height, d) a maintenance and landscape management plan for all aspects of the hard/soft landscaping, play and amenity for a minimum period of 5 years, including manufacturer’s recommendations appropriate to each area of the design. All hard landscaping works, including children’s play equipment, shall be provided in accordance with the approved details on site before any part of the development is occupied. The approved soft landscaping shall be completed on site by the end of the first planting season following occupation of any part of the development.

Page 10 · Chunk 40 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies 11) Prior to commencement of works other than for demolition, the tree protection measures set out in the arboricultural report by Crown Tree Consultancy dated 5 May 2020 shall be implemented and shall be maintained until all construction activity, equipment, machinery, and surplus materials have been removed from the site. Nothing shall be stored or placed within any fenced area, and the ground levels within those areas shall not be altered, nor shall any excavation be made. 12) Prior to commencement of works above ground level, a biodiversity enhancement strategy, including the details and locations of the enhancement measures contained within the Preliminary Ecological Appraisal (ArbTech, June 2020) and the Bat Survey Report (ArbTech, June 2020 ) shall be submitted to and approved in writing by the Local Planning Authority. The enhancement measures shall be implemented in accordance with the approved strategy prior to occupation of the development hereby permitted and all features shall be retained thereafter. 13) Prior to commencement of works above ground level, a lighting scheme shall be submitted to and approved in writing by the local planning authority.

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The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies The scheme shall identify those features on site that are particularly sensitive for bats and that are likely to cause disturbance along important routes used for foraging; and show how and where external lighting will be installed so that it will not disturb or prevent bats using their territory. All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. 14) Prior to commencement of works above ground level, details of cycle parking provision for commercial and residential elements of the development shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance https://www.gov.uk/planning-inspectorate 10

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The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies Appeal Decision APP/L5240/W/21/3279949 with the details approved prior to occupation of the development and thereafter retained. 15) No piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the Local Planning Authority. Any piling shall be undertaken in accordance with the terms of the approved piling method statement. 16) Prior to occupation of the development hereby permitted, a delivery and servicing plan shall be submitted to and approved in writing by the Local Planning Authority. The development shall operate in accordance with the details approved. 17) Prior to occupation of the development hereby permitted, 10 on-site car parking spaces, including 2 disabled car parking spaces, shall be provided. Two car parking spaces provided by the development shall be fitted with active electric vehicle charging points. All remaining car parking spaces shall be installed with passive electric vehicle charging provision.

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The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies All parking spaces, charging apparatus and visibility splays shall be provided as approved and/or as shown on the approved drawings, and thereafter retained. 18) The refuse and recycling bin stores as shown on the approved drawings shall be installed prior to occupation of any part of the development hereby permitted, and thereafter retained for their intended purpose. 19) The development shall be carried out in accordance with the energy strategy set out in the Energy Statement document by Greenbuild Consult dated April 2020 and subsequently maintained to achieve a minimum of 37.14% energy efficiency beyond what is required to comply with Part L of the Building Regulations 2013. Details, in the form of a Microgeneration Certification Scheme Certificate shall be submitted to and approved in writing by the Local Planning Authority confirming that the above measures have been met prior to the occupation of the development hereby permitted. 20) The development hereby permitted shall be operate in accordance with the Air Quality Assessment dated 15 April 2020.

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The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies 21) The noise level from any air handling units, mechanical plant, or other fixed external machinery shall not be greater than 10db below the lowest measured background noise (LA90, 15 minutes) as measured 1 metre from the nearest window of the nearest residential property. 22) All of the residential units within the development hereby approved shall be constructed and fitted out to comply with the Building Regulations 2010 (as amended) optional requirement M4(2) 'accessible and adaptable', other than for at least 10% of the units which shall comply with either the optional requirement M4(3)(2)(a) 'wheelchair adaptable', or the optional requirement M4(3)(2)(b) 'wheelchair accessible'. https://www.gov.uk/planning-inspectorate 11

Page 11 · Chunk 45 Guy Davies

The Sandrock, 152 Upper Shirley Road, CROYDON, CR0 5HA — London Borough of Croydon — Guy Davies 21) The noise level from any air handling units, mechanical plant, or other fixed external machinery shall not be greater than 10db below the lowest measured background noise (LA90, 15 minutes) as measured 1 metre from the nearest window of the nearest residential property. 22) All of the residential units within the development hereby approved shall be constructed and fitted out to comply with the Building Regulations 2010 (as amended) optional requirement M4(2) 'accessible and adaptable', other than for at least 10% of the units which shall comply with either the optional requirement M4(3)(2)(a) 'wheelchair adaptable', or the optional requirement M4(3)(2)(b) 'wheelchair accessible'. https://www.gov.uk/planning-inspectorate 11 Appeal Decision APP/L5240/W/21/3279949 23) The development hereby permitted shall be designed to achieve a water use target of no more than 110 litres per person per day. *** End of Conditions*** https://www.gov.uk/planning-inspectorate 12

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
For appellant
¶5

The area is suburban in character with a mix of buildings of different ages, sizes, and styles on the edge of more open wooded ground lying to the south and west. The proposed development consists of two parts: a two storey side and rear extension to the public house; and a three storey block of flats and houses at the rear. The proposed development would not harm the character or appearance of the area, including the non-designated heritage asset of The Sandrock Public House.

Living conditions
For appellant
¶13

The closest neighbouring property to the site is a two storey house at 1a Sandrock Place. A forward facing ground floor window closest to the boundary in this property would experience some loss of daylight because of the proximity of the southern wing of the residential block. This window is already partly overshadowed by a forward projection on the house itself. I consider the loss of daylight would not be so severe as to significantly harm the enjoyment of the dwelling.

Other
For appellant
¶19

There is concern from local residents as well as the Council about a lack of parking provision in the development, and the effect that might have in placing greater pressure on on-street parking in the vicinity of the site. I consider that the combination of the on-site parking spaces and the obligations in the legal undertaking adequately address the likelihood of parking pressure arising from the residential element of the scheme.

Policies relied on

Reference Weight
D1, D3, D4, HC1 of the London Plan and Policies SP4, DM10 and DM18 of the Local Plan
Determinative
T1, T4, T6 of the London Plan and Policies SP8, DM29 and DM30 of the Local Plan
Determinative
D6 of the London Plan
Substantial

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 12 pages, issued by the Planning Inspectorate on 14 March 2022 under the Open Government Licence.