240 - 242 Plumstead High Street, LONDON, SE18 1JL
Royal Borough of Greenwich — appeal allowed
- Outcome
- Allowed
- Decision date
- 8 September 2022
- Authority
- Royal Borough of Greenwich
- Inspector
- Naylor R
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Kallar View Construction
- Agent
- Marchini Curran Associates
- LPA reference
- 21/3368/F
- ONS LPA code
- E09000011
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 10 February 2022
Summary AI
The appeal was allowed due to the Inspector's conclusion that the proposed development would not harm the significance of the non-designated heritage asset, and would provide a high standard of design. The development would also comply with various planning policies and guidelines.
PDF text
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision Site visit made on 26 July 2022 by Robert Naylor BSc (Hons) MPhil MRTPI an Inspector appointed by the Secretary of State Decision date: 8 September 2022 Appeal Ref: APP/E5330/W/21/3289631 240 - 242 Plumstead High Street, Plumstead, London SE18 1JL • 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 Lakh Kallar of Kallar View Construction against the decision of the Council for the Royal Borough of Greenwich. • The application Ref 21/3368/F, dated 15 September 2021, was refused by notice dated 9 December 2021. • The development proposed is described as “extensions and alteration of the existing property to provide 9 self-contained dwellings and a community unit at ground and basement levels, along with cycle parking, refuse storage and outdoor amenity space.” Decision 1.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision The appeal is allowed and planning permission is granted for the extensions and alteration of the existing property to provide 9 self-contained dwellings and a community unit at ground and basement levels, along with cycle parking, refuse storage and outdoor amenity space at 240 - 242 Plumstead High Street, Plumstead, London SE18 1JL in accordance with the terms of the application, Ref 21/3368/F, dated 15 September 2021, subject to the conditions in the attached schedule. Preliminary Matters 2. The appellant has submitted amended drawings during the appeal. Whilst the appeal process should not be used to evolve a scheme, the amendments are modest, and include a change on the central terrace from a balustrade to brick parapet treatment, and also lowering the proposed rooflights on the front elevation from 1.55m to 1.30m. I am satisfied that the amended drawings constitute very minor amendments that would not prejudice any party. For the avoidance of doubt, I have determined the appeal on the basis of the amended plans. 3. I am obliged to use the description of the development as included on the planning application form which is different from how the appellant described it in their appeal form. Main Issues 4.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision The main issues are the effects of the proposed development on: • character and appearance of the area, with reference to the impact on the significance of a non-designated heritage asset; and • living conditions for prospective occupiers of the proposed development, with particular reference to outlook. https://www.gov.uk/planning-inspectorate
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision The main issues are the effects of the proposed development on: • character and appearance of the area, with reference to the impact on the significance of a non-designated heritage asset; and • living conditions for prospective occupiers of the proposed development, with particular reference to outlook. https://www.gov.uk/planning-inspectorate
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision Appeal Decision APP/E5330/W/21/3289631 Reasons Character and appearance 5. The area surrounding the appeal site is mixed in terms of use, with commercial/retail units fronting Plumstead High Street located at the ground floor level and residential units in the upper floors. There are also a high number of residential units in the vicinity, mainly traditional terrace properties located along the northern side of Plumstead High Streat and the intersecting side streets, adding to the overall mixed use feel of the area. 6. The appeal site is the former Horse and Groom public house, which can date back to 1862. The appeal site itself was last in use as a place of worship at ground floor and basement level and as a day nursery at first floor level. Both uses have now ceased, and the building has been vacant since December 2020. The appeal site occupies a corner position at the junction of Plumstead High Street and Rippolson Road forming an interesting group with Nos 236 and 244 Plumstead High Street. All these properties have been locally listed by the Council, and as such should be treated as non-designated heritage assets. 7.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision Paragraph 203 of the National Planning Policy Framework 2021 (the Framework) requires a balanced judgement to be taken when considering the significance of non-designated heritage assets and the severity of any impact. Policy HC1 of The London Plan, March 2021 (LP) and Policy DH(j) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies, adopted July 2014 (GLP) among other things, seek to protect and conserve the characteristics that account for the designations as non-designated heritage assets. 8. The Council has identified the significance of the appeal site through its architectural interest and townscape value, adding that the site contains an unusually hipped mansard roof. Furthermore, the appeal site and No 244 Plumstead High Street have corresponding chamfered corners providing a communal value as a local feature and landmark group along Plumstead High Street. 9. The building is a local landmark due to its local grouping with Nos 236 and 244 Plumstead High Street, coupled with its size and prominence on the high street, rather than any particularly distinctive architectural quality.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision The building is attractive and well-proportioned but is largely unremarkable, with the main focus of significance being on the northern façade fronting Plumstead High Street given its original function as a public house. However, the existing extensions and alterations to the rear have significantly undermined its original architectural integrity and setting. 10. I have noted, and it is not in dispute, that the restoration and improvement of the historic frontages; the replacement of the existing windows with units of a more appropriate design; and the provision of a mixed use that will secure the long-term future of the non-designated heritage asset are appropriate, and would not harm its significance. 11. The Council has concerns in respect to the addition of the rooflights to the western front roof slope. It is acknowledged that the ridge line would be raised here, however during the site visit I noted that due to the height and location of these units, only oblique glimpse views would be possible from Plumstead High Street and Kashgar Road opposite the appeal site, given the presence of https://www.gov.uk/planning-inspectorate 2
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision Appeal Decision APP/E5330/W/21/3289631 the existing parapet wall and adjoining street trees. When viewed from the street, these would be a modest change to the Plumstead High Street frontage. Thus, any harm to its significance would be limited. 12. However, the proposed rear extension would be more substantial, with the main impacts experienced along the flank elevation in Rippolson Road. The appeal scheme would provide an additional two floors added to the existing single-storey outrigger, and extend the unusually hipped mansard roof for half the length of the extension, whilst continuing the line of the existing projecting cornice. Nevertheless, the appellant has sought to retain the original features that contribute to the significance of this non-designated heritage asset, through the provision of the chamfered corners and a continuation of the unusually hipped mansard roof within the design of the appeal scheme, to limit harm. Furthermore, the materials would be constructed to match the existing materials of the original public house, and this could be secured by condition. 13.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision The main elevation of the building does not face Rippolson Road and so in principle, the scheme is not inappropriate or damaging to the main façade, where its significance and character is derived, as the extension is located to the more subordinate flank elevation. It is agreed between the main parties that the proposal would have direct impacts on the building as well as indirect impacts upon the setting of other non-designated heritages assets, namely 236 and 244. However, for the reasons set out above, the siting, scale and design would be limited to the rear and flank elevations, and thus the significance and heritage interest on the principal elevation of this non-designated heritage asset would not be harmed. 14. In regard to the first main issue, the proposal would be of a high standard of design which would protect and conserve the particular characteristics of the non-designated heritage asset and would therefore not harm its significance. This would comply with Policies DH1, DH3 and DH(j) of the GLP.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision In these respects, the proposed extension would also meet the design objectives of Policies D3, D4, and HC1 of the LP and the scheme would comply with Section 16 of the Framework, which amongst other things places a high priority on protecting the character and appearance of all buildings of architectural or historic interest. Living conditions for prospective occupiers 15. Policy H5 of the GLP seeks amongst other things, that new residential development and conversions should achieve a high quality of housing design. The Policy also contains a presumption against single aspect north facing units, and a presumption in favour of dual aspect units where possible. Policy D6 of the LP contains a similar qualitive provision ensuring that housing development maximises dual aspect dwellings. The plans before me indicate that both Flats 8 and 9 are dual aspect units with rooflights to the front elevation and windows, doors and terraces on the rear elevations. 16. Notwithstanding the angle of the proposed rooflights, they would provide daylight into the bedrooms as well as a reasonably pleasant outlook including a limited view of the high street.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision Occupants would not feel hemmed in given the degree of openness of the outlook and I am not certain that this would necessarily represent a poor standard of design or accessibility, or that the Council has presented sufficient justification to convince me that this would be the case. https://www.gov.uk/planning-inspectorate 3
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision Occupants would not feel hemmed in given the degree of openness of the outlook and I am not certain that this would necessarily represent a poor standard of design or accessibility, or that the Council has presented sufficient justification to convince me that this would be the case. https://www.gov.uk/planning-inspectorate 3
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision Appeal Decision APP/E5330/W/21/3289631 17. In relation to this main issue, the development would demonstrate a high quality of accommodation as is required by Policy D6 of the LP and would respond to the need to achieve high quality housing, and an integrated environment, as required by Policy H5 of the GLP. The proposal would also be consistent with the Framework, which amongst other things, seeks high quality design and a good standard of amenity for all existing and future occupants of buildings. Conditions 18. I have considered the Councils suggested conditions having regard to the tests set out at paragraph 56 of the Framework. As a result, I have amended some where necessary for the sake of consistency, brevity, clarity and to ensure that they meet the tests in the Framework. 19. In addition to the standard time limit condition, I have imposed a condition specifying the approved plans for the avoidance of doubt and in the interest of certainty. I have also imposed a material specification condition prior to commencement to match the existing building in order to ensure an acceptable visual effect. 20.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision In the interests of highway safety and the living conditions of neighbouring residents I have imposed a requirement for a Construction Method Statement which is necessary to submit prior to the approved development commencing. To ensure that any contamination on the site is dealt with adequately in the interests of the health of the proposed occupiers, a condition requiring surveys and remediation is imposed. I have also imposed conditions in order to ensure that there is appropriate refuse storage and cycle parking. Finally, in order to protect the living conditions of the occupiers I have imposed a condition relating to the operating hours of the community use, as suggested. 21. I have not imposed a condition restricting the use of the terraces as this, in my view, would not pass the test of being reasonable. Nor have I imposed conditions relating to accessible dwellings, noise insulation, noise from plant and machinery during construction, water consumption or the emissions of gas-fired boilers. It has not been explained by the Council that other existing regulations and controls do not satisfactorily deal with these matters. As such, those suggested conditions are unnecessary. Conclusion 22.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Appeal Decision For the reasons given I conclude that the appeal should succeed.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Robert Naylor INSPECTOR https://www.gov.uk/planning-inspectorate 4
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Robert Naylor INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/E5330/W/21/3289631 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: 3369-L-01; 3369-L-02; 3369-P-21 Rev C; 3369-P-01-Rev A; 3369-P-02-Rev A; 3369-P-03-Rev A; 3369-P- 04-Rev A; 3369-P-05-Rev A; 3369-P-06-Rev A; 3369-P-07-Rev A; 3369- P-08-Rev A; 3369-P-09-Rev A; 3369-P-10-Rev A; 3369-P-22-Rev D; 3369-P-23-Rev D; 3369-P-24-Rev C; 3369-P-25-Rev D; 3369-P-26-Rev D; 3369-P-27-Rev D; 3369-P-28-Rev C; 3369-P-29-Rev D; 3369-P-30- Rev D; 3369-P-31-Rev C; 3369-P-32-Rev A; 3369-P-33-Rev A and 3369- P-34-Rev A. 3) No development shall take place until a full specification detailing materials to be used in the construction of the external surfaces shall have been prepared on site for inspection and approved in writing by the local planning authority. The sample panel shall be at least 1 metre x 1 metre and show the proposed material, bond, pointing technique and palette of materials (including roofing, cladding and render) to be used in the development.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Robert Naylor The development shall be constructed in accordance with the approved sample, which shall not be removed from the site until completion of the development. 4) No development shall take place, until a Construction Method Statement has been submitted to, and approved in writing by the local planning authority. The Statement shall provide for: • the parking of vehicles of site operatives and visitors; • loading and unloading of plant and materials; • storage of plant and materials used in constructing the development; • the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate; • wheel washing facilities; • measures to control the emission of dust and dirt during construction; • a scheme for recycling/disposing of waste resulting from demolition and construction works; • delivery, demolition and construction working hours The approved Construction Method Statement shall be adhered to throughout the construction period for the development.
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Robert Naylor 5) If, during development, contamination not previously identified is found to be present at the site, then no further development of that part of the site shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. https://www.gov.uk/planning-inspectorate 5
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Robert Naylor 5) If, during development, contamination not previously identified is found to be present at the site, then no further development of that part of the site shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination shall be dealt with. https://www.gov.uk/planning-inspectorate 5
240 - 242 Plumstead High Street, LONDON, SE18 1JL — Royal Borough of Greenwich — Robert Naylor Appeal Decision APP/E5330/W/21/3289631 6) Prior to the fist occupation of the development hereby approved, the waste and refuse bins and associated enclosures for the recycling/refuse storage facilities as set out within the approved plans shall be made available to proposed tenants and not used for any other purpose. These aspects of the proposal shall be provided prior to occupation and shall be maintained for the lifetime of the development thereafter. 7) Prior to the first occupation of the development hereby approved, those cycle parking facilities as set out within the approved plans shall be implemented and made available to prospective tenants and not used for any other purpose. These aspects of the proposal shall be provided prior to occupation and shall be maintained for the lifetime of the development thereafter. 8) The community use premises as approved shall only be open and operational between the hours of 07:00 to 22:00 Monday to Sunday (including Bank Holidays). https://www.gov.uk/planning-inspectorate 6
Main issues and findings
Heritage impact Against appellant ¶10
The Inspector noted that the existing extensions and alterations to the rear of the building had significantly undermined its original architectural integrity and setting, but that the proposed development would limit harm and protect the asset's significance.
Character and appearance Against appellant ¶11
The Inspector considered that the proposed rooflights would be a modest change to the Plumstead High Street frontage, and that any harm to the asset's significance would be limited.
Living conditions For appellant ¶15
The Inspector noted that the development would provide a high quality of accommodation and respond to the need to achieve high quality housing and an integrated environment.
Policies relied on
| Reference | Weight |
|---|---|
| Policy DH1, DH3, and DH(j) of the GLP |
Determinative |
| Policies D3, D4, and HC1 of the LP |
Substantial |
| Section 16 of the Framework |
Moderate |
Site constraints from the Casework Database
Source
Decision letter, 6 pages, issued by the Planning Inspectorate on 8 September 2022 under the Open Government Licence.