Case 3283312

41 Bendemeer Road, LONDON, SW15 1JX

London Borough of Wandsworth — appeal dismissed

Outcome
Dismissed
Decision date
13 May 2022
Authority
London Borough of Wandsworth
Inspector
Praine N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor Dwellings
Appellant
Mr Iden Shams
Agent
Pure Town Planning
LPA reference
2021/1574
ONS LPA code
E09000032
Jurisdiction
Transferred
Link status
Not Linked
Start date
25 January 2022

Summary AI

The appeal was dismissed due to the proposed development's significant harm to the character and appearance of the area, despite some benefits such as providing more optimal use of the site and contributing to housing supply.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

41 Bendemeer Road, LONDON, SW15 1JX — London Borough of Wandsworth — Appeal Decision Site visit made on 20 April 2022 by N Praine BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 13 MAY 2022 Appeal Ref: APP/H5960/W/21/3283312 41 Bendemeer Road, London SW15 1JX • 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 Iden Shams against the decision of the Council of the London Borough of Wandsworth. • The application Ref 2021/1574, dated 1 April 2021, was refused by notice dated 3 August 2021. • The development proposed is described as extensions and conversion to provide 4 flats. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 3. 41 Bendemeer Road is a two-storey end of terrace property primarily of red brick construction with a gable ended slate roof. No 41 also has an existing two-storey rear outrigger and is currently split into two, one-bedroom flats. The appeal property sits on a corner plot at the junction between Bendemeer Road and Gladwyn Road. No 41 is also sited away from the side boundary with Gladwyn Road. 4.

Page 1 · Chunk 1 Appeal Decision

41 Bendemeer Road, LONDON, SW15 1JX — London Borough of Wandsworth — Appeal Decision There is a broad sense of visual uniformity to the existing properties within this part of Bendemeer Road. While exceptions occur, this uniformity is predominantly achieved by matching materials, proportions, and detailed design. Gladwyn Road also broadly follows the prevailing architectural theme of Bendemeer Road. 5. It is proposed to erect a two-storey side extension, a rear mansard roof addition and a single storey rear extension to facilitate the creation of four flats. The proposed two-storey side extension would extend to the side boundary adjoining the pavement with Gladwyn Road and the proposed single storey rear extension would also extend closer to Gladwyn Road. 6. Given the predominantly terraced character of the area, it could be argued that this locality has a dense urban character. However, the side gap between No 41 and the junction where Gladwyn Road joins Bendemeer Road provides valuable relief from the built form and this relief creates a visually attractive open and spacious feel to the immediate character and appearance of the area. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

41 Bendemeer Road, LONDON, SW15 1JX — London Borough of Wandsworth — Appeal Decision Appeal Decision APP/H5960/W/21/3283312 7. The proposed development would extend up to the side boundary and while Gladwyn Road would still provide a gap between the side elevations of Nos 41 and 43 Bendemeer Road, the reduction in spacing and creation of a dominant and hard edge against the side boundary of No 41 would carry significant harm to the detriment of the open character and appearance of the area. 8. I note that No 43 extends up to the pavement edge of Gladwyn Road and the proposed development would follow this theme. However, the Council explain this property has a different planning history, with an established structure historically on the side boundary. Notwithstanding the history, No 43’s two storey proximity to the pavement creates a hard edge to the street scene of neutral merit. The plot at No 43 is shallower than No 41 and given the angle of the roads less prominent. The proposed development would consequently have a greater impact to the detriment of the open character and appearance of the area. 9. The appellant draws my attention to other examples of buildings close to the boundaries at corner sites.

Page 2 · Chunk 3 Appeal Decision

41 Bendemeer Road, LONDON, SW15 1JX — London Borough of Wandsworth — Appeal Decision While examples may exist elsewhere, these are different street scenes and some of these do not make a positive contribution to the street scene. It does not follow that such development should be automatically replicated somewhere else. I have determined the proposed development on its own merits and consequently these examples elsewhere have limited bearing on my findings. 10. I agree that the proposal would provide a more optimal use of the site and paragraphs 4.2.1 and 4.2.4 of the London Plan 2021 (the LP) identify the important role of delivering more housing from sites such as this one. Furthermore, Policy H2 of the LP, amongst other things, seeks to diversify housing supply and support small and medium-sized housebuilders. These benefits carry moderate weight in favour of the appeal. However, this does not outweigh the significant harm identified above. 11. The appellant also makes further reference to Policy H2 of the LP and the need to support well-designed homes for those wishing to bring forward custom, self-build and community led housing. I have not made aware the proposal is genuinely for these types of housing and even if it was, Policy H2 requires ‘well-designed’ homes.

Page 2 · Chunk 4 Appeal Decision

41 Bendemeer Road, LONDON, SW15 1JX — London Borough of Wandsworth — Appeal Decision As I have found significant harm above this matter carries limited weight in respect to my overall findings. 12. The appellant also highlights the requirement to achieve minimum housing targets as also set out in Policy H2 of the LP. The Council confirms that it can meet its minimum targets, and this is not disputed by the appellant. While these targets are a minimum, the proposed development at 2 units (net) would make a limited contribution to housing supply. This limited contribution would not outweigh the harm identified above. 13. The proposed development would have a lower roof ridge height which is stepped down from the ridge of the host building. The first floor would also be set behind the front of the building. Additionally, the more modest scale of the single storey rear extension and detailed design of the roof alterations would not cause the proposed development to overwhelm or compete for dominance with the host property. However, the absence of harm in this regard carries neutral weight in the overall planning balance. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

41 Bendemeer Road, LONDON, SW15 1JX — London Borough of Wandsworth — Appeal Decision Appeal Decision APP/H5960/W/21/3283312 14. Consequently, the proposed development would materially harm the character and appearance of the area. Accordingly, I find conflict with the relevant provisions of Policy DMH5 of the Wandsworth Local Plan Development Management Policies Document 2016 (the DMPD), Policy D3 of the LP and paragraph 130 of the National Planning Policy Framework which, amongst other things, seek to ensure that development is sympathetic to the character and appearance of the area. 15. The appellant has also suggested that the proposal complies with DMS1 of the DMPD. This policy, amongst other things, seeks to ensure buildings have a high level of physical integration with their surroundings. As set out in my findings above, I have found that the proposed development would not achieve this. Other Matters 16. Interested parties have raised concerns about traffic/parking, disruption during building works, waste, living conditions for future and neighbouring occupants, development on garden land, unit mix and cycle storage. As I am dismissing this appeal there is no need for me to consider these matters further. 17.

Page 3 · Chunk 6 Appeal Decision

41 Bendemeer Road, LONDON, SW15 1JX — London Borough of Wandsworth — Appeal Decision I also note that during the planning application phase, the Council’s appointed case officer was supportive of the proposal. However, the Council’s final decision was not favourable. It is well understood that planning authorities are not bound to accept the recommendations of their officers and my overall findings are based on the assessment of the planning merits before me. Conclusion 18. The appeal scheme would conflict with the development plan for the reasons I have given. There are no material considerations worthy of sufficient weight that would indicate a decision other than in accordance with it. The appeal should therefore be dismissed.

Page 3 · Chunk 7 N Praine

41 Bendemeer Road, LONDON, SW15 1JX — London Borough of Wandsworth — N Praine INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶7

The proposed development would extend up to the side boundary, reducing the spacing and creating a dominant and hard edge against the side boundary of No 41, carrying significant harm to the open character and appearance of the area.

Character and appearance
Against appellant
¶8

The proposed development would have a greater impact to the detriment of the open character and appearance of the area, compared to No 43's two-storey proximity to the pavement.

Other
Neutral

The appellant draws attention to other examples of buildings close to the boundaries at corner sites, but these have limited bearing on the findings.

Other
Neutral
¶11

Policy H2 of the LP requires 'well-designed' homes, and the proposal does not demonstrate this, carrying limited weight.

Other
Neutral
¶12

The proposed development would make a limited contribution to housing supply, which would not outweigh the harm identified.

Other
Neutral
¶13

The proposed development would not overwhelm or compete for dominance with the host property, but this absence of harm carries neutral weight.

Policies relied on

Reference Weight
Policy DMH5 of the Wandsworth Local Plan Development Management Policies Document 2016
Determinative
Policy D3 of the LP
Substantial
paragraph 130 of the National Planning Policy Framework
Substantial
DMS1 of the DMPD
Limited

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 13 May 2022 under the Open Government Licence.