23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision Site visit made on 28 February 2022 by Alexander O’Doherty LLB (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 12 April 2022 Appeal Ref: APP/M5450/W/21/3281684 23 & 25 Aylmer Drive, Stanmore HA7 3EJ • 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 Mr Kujdesi Rama against the decision of the Council of the London Borough of Harrow. • The application Ref P/1031/21, dated 10 March 2021, was refused by notice dated 3 June 2021. • The development proposed is described as, “the demolition and replacement of two existing side-by-side detached dwellings with two new high quality contemporary designed side-by-side detached dwellings”. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • whether or not the proposed development would be at an unacceptable risk of flooding; and • the effect of the proposal on the character and appearance of the area, including the setting of Bentley Priory. Reasons Flood Risk 3. This appeal relates to the proposed replacement of 2 existing detached dwellings, 23 and 25 Aylmer Drive (Nos 23 and 25), with 2 new detached dwellings.

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision It is common ground between the main parties that the front of the existing dwelling at No 25 is within Flood Zone 3b for surface water, which is a high risk area. 4. The submitted Flood Risk Assessment1 (FRA) has been updated following comments from the Council’s Infrastructure Engineer. The copy of the e-mail trail provided demonstrates that the Infrastructure Engineer mentioned several points that would need to be addressed in order for no objections to be raised on flood risk grounds. However, no explicit confirmation from the Infrastructure Engineer that the FRA is acceptable is given in that e-mail trail. Moreover, the Council have not withdrawn their objection on flood risk grounds. In any event, 1 GTA Civils & Transport Limited (Ref: 10955, August 2021) https://www.gov.uk/planning-inspectorate

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision Appeal Decision APP/M5450/W/21/3281684 my assessment of the merits of this appeal is independent to that of the Council. 5. Criterion A) d. of Policy DM 9 of the Harrow Council Development Management Policies (adopted 2013) (DMP) provides that the design and layout of proposals requiring a FRA must achieve appropriate finished floor levels which, for residential development in Flood Zone 3, should be at least 300mm above the modelled 1 in 100 year plus climate change flood level. However, the proposed lower ground floor finished floor level for the dwelling proposed for No 25 would be set at only 200mm above the expected flood levels at the front of the garage entrance. 6. In this context, I note that although an egress route would be available from the ground floor of the new dwelling at No 25 to dry land, the FRA is predicated on the presumption that no habitable rooms are proposed on the lower ground floor at No 25. In this respect, the dwelling proposed for No 25 would contain a games room, a lounge, a cinema, and a gym, at lower ground floor level. In my view, these rooms would clearly be habitable living spaces, rather than non- habitable spaces such as a bathroom or a utility room.

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision This constitutes a fundamental flaw in the methodology of the FRA. It follows that the proposal would fail to comply with criterion A) d. of Policy DM 9 of the DMP. 7. As such, I cannot rely on the mitigation details and the conclusions given in the FRA. Given that this part of the site is in a high risk area, and that the lower ground floor of the dwelling proposed for No 25 could potentially be occupied by people during a flood event, it would not be appropriate for planning permission to be granted in these circumstances. The use of planning conditions relating to the required information would not be reasonable, as currently there is no certainty that the proposed development could be implemented without unacceptable flood risks occurring. 8. I therefore find that the proposal would have an unacceptable and harmful effect with respect to flood risk, not decreasing the risk and not making it sufficiently clear that the risk would be at an acceptable level in regard to the requirements of the development plan.

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision In relation to this main issue, the proposal would conflict with Core Policy CS 1 of the Harrow Core Strategy (adopted 2012) (Core Strategy) and Policies DM 9 and DM 10 of the DMP which collectively provide that, amongst other things, proposals requiring a FRA must demonstrate that the development will be resistant and resilient to all relevant sources of flooding including surface water. 9. The proposal would conflict with Policy SI 12 of The London Plan (published 2021) which provides that, amongst other things, development proposals should ensure that flood risk is minimised and mitigated, and that residual risk is addressed. It would also conflict with chapter 14 of the National Planning Policy Framework (the Framework) which seeks to meet the challenge of flooding. Character and Appearance 10. The appeal site comprises 2 detached dwellings located at the end of Aylmer Drive, adjacent to Bentley Priory. Due to the substantial tree cover at Bentley Priory, the verdant nature of this part of Aylmer Drive, and the lower land levels compared to the rest of Aylmer Drive, the immediate area has a fairly enclosed character. https://www.gov.uk/planning-inspectorate 2

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision Appeal Decision APP/M5450/W/21/3281684 11. The wider residential area consists of a private estate. I observed that properties on Aylmer Drive and nearby streets exhibit a wide variety of architectural styles, many of which are distinctly contemporary. In particular, the rear elevation of 33 Adelaide Close, with its strikingly prominent ‘wing-like’ side elevations is visible above the hedgerow from the street outside the site. Crown roofs are common on nearby properties, which tend to emphasise the overall substantial scale and massing of those properties. 12. The proposed 2 new dwellings would share a bold, contemporary design, incorporating a substantial amount of glazing including a prominent central architectural focal point. Accordingly, they would appear markedly different in design terms to the more modest, traditionally-designed dwellings currently on site. Whilst they would clearly be tall buildings of considerable bulk, there are an abundance of nearby properties which share these characteristics. Additionally, the height of the buildings would not be dissimilar to nearby properties, and they would be sited in similar positions to the existing dwellings. 13.

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision Although the roof forms would be dominant, this is not unusual amongst properties in the vicinity, and the visual impact of the roofs would be reduced somewhat due to these being slightly set-back from the front and sloping away from the sides of the proposed dwellings. 14. I acknowledge the Council’s concern that the proposal would result in an overdevelopment of the site. However, given the proposed large areas of garden to the front and rear of the proposed buildings I am satisfied that the new dwellings would not appear cramped on their plots. Moreover, many of the nearby properties have minimal separation distances between their adjacent properties and the proposed dwellings would not be noticeably different in this respect. As such, the proposed new dwellings would assimilate well within the street scene and the local area. 15. The appeal site is within the setting of Bentley Priory (a Grade II Registered Park and Garden), i.e. the surroundings in which the heritage asset is experienced. The Framework makes clear that great weight needs to be given to designated heritage assets’ conservation. 16.

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision I observed that the significance of Bentley Priory derives in part from it being part of a larger historic estate and from its dense parkland which provides an aesthetically-pleasing counterpoint to the adjoining residential area. Its setting, which includes the appeal site, contributes to the significance of Bentley Priory by providing a fairly soft transition towards the more built-up part of the residential area, which allows the natural parkland features of Bentley Priory to be better revealed. 17. The proposed dwelling for No 25 would be tall and would have a bulkier and more assertive appearance than the current dwelling at No 25. However, the new dwelling at No 25 would be screened somewhat by the trees both directly adjacent to the site in Bentley Priory and those further into the parkland, even in winter months. As such, the proposal would maintain the soft transition towards the residential area.

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision Even if the buildings were glimpsed over the tops of, or between, the trees the proposed dwelling for No 25 would use a fairly rustic palette of materials, including stone and timber cladding and slate roof tiles, which would soften the appearance of the dwelling when viewed from https://www.gov.uk/planning-inspectorate 3

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision Even if the buildings were glimpsed over the tops of, or between, the trees the proposed dwelling for No 25 would use a fairly rustic palette of materials, including stone and timber cladding and slate roof tiles, which would soften the appearance of the dwelling when viewed from https://www.gov.uk/planning-inspectorate 3 Appeal Decision APP/M5450/W/21/3281684 Bentley Priory. As a result, the contribution that the setting makes to the significance of Bentley Priory would be preserved by the proposal. 18. I therefore find that the proposal would have an acceptable effect on the character and appearance of the area, including the setting of Bentley Priory. In relation to this main issue, the proposal would comply with Core Policy CS 1 of the Core Strategy and Policies DM 1 and DM 7 of the DMP which collectively provide that, amongst other things, all development and change of use proposals must achieve a high standard of design and layout, and proposals that secure the preservation, conservation or enhancement of a heritage asset and its setting, or which secure opportunities for sustainable enjoyment of the historic environment, will be approved. 19.

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision The proposal would comply with Policies D3 and HC1 of The London Plan (published 2021) which collectively provide that, amongst other things, development proposals should enhance local context by delivering buildings and spaces that positively respond to local distinctiveness, and that development proposals affecting heritage assets, and their settings, should conserve their significance, by being sympathetic to the assets’ significance and appreciation within their surroundings. 20. The proposal would comply with paragraph 130 of the Framework which provides that, amongst other things, planning decisions should ensure that developments are sympathetic to local character and history, and with the Residential Design Guide Supplementary Planning Document (adopted 2010) which seeks to ensure that residential development is of a high design quality, capable of responding to distinctive local character. Other Matters 21.

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Appeal Decision No concerns have been raised by the Council with respect to matters relating to transport accessibility, the living conditions of the future occupiers of the proposal, construction sustainability, energy efficiency, soft landscaping, biodiversity, parking, the local road network, access, waste management, nor the living conditions of neighbouring occupiers. However, even if I were to likewise reason that the proposal would be acceptable in these respects, these would be neutral factors rather than ones which weigh positively in favour of the proposal. Conclusion 22. Whilst I have found the proposal to be acceptable in terms of the character and appearance of the area, including the setting of Bentley Priory, this does not overcome the conflict with the development plan in relation to matters of flood risk. For the reasons given above, having considered the development plan as a whole, the approach in the Framework, and all other relevant material considerations, the appeal is dismissed.

23 & 25 Alymer Drive, Stanmore, London, HA7 3EJ — London Borough of Harrow — Alexander O’Doherty INSPECTOR https://www.gov.uk/planning-inspectorate 4