Case 3291291

62 Braemar Gardens, WEST WICKHAM, BR4 0JW

London Borough of Bromley — appeal dismissed

Outcome
Dismissed
Decision date
4 November 2022
Authority
London Borough of Bromley
Inspector
White P
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr J Taylor
LPA reference
21/04046/FULL1
ONS LPA code
E09000006
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 May 2022

Summary AI

The appeal for a new dwelling at 62 Braemar Gardens was dismissed due to harm to the character and appearance of the area. The proposed development was considered to be unduly prominent and would conflict with local and national planning policies.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision Site visit made on 4 October 2022 by Peter White BA(Hons) MA DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 4 November 2022 Appeal Ref: APP/G5180/W/22/3291291 62 Braemar Gardens, West Wickham BR4 0JW • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for planning permission • The appeal is made by Mr J Taylor against London Borough of Bromley Council. • The application Ref 21/04046/FULL1, is dated 9 September 2021. • The development proposed is demolition of two storey side extension and erection of an attached 4 bed, one and two storey dwellinghouse (with accommodation in the roofspace), together with associated landscaping, bin store, cycle store, and off-street frontage parking from existing vehicular access in Braemar Gardens. Decision 1. The appeal is dismissed and planning permission is refused. Context and Main Issues 2. The appeal was made prior to the Council’s determination of the application. In its appeal statement, the Council states that it would have refused planning permission.

Page 1 · Chunk 1 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision Although the Council’s second putative reason for refusal refers to harm to occupiers of 26-38 (evens) Ravenswood Crescent (Nos 26-38), its statement also refers to harm to 35 Ravenswood Crescent (No 35). 3. Therefore, the main issues are the effect of the proposed development on: (i) the character and appearance of the area; and (ii) the living conditions of Nos 26-38 and No 35, with regard to outlook. Reasons Character and appearance: 4. The area is a suburban residential area characterised by semi-detached dwellings, detached dwellings and short terraces of four. Each display their own uniformity of design features and, within each typology, most dwellings display consistency in terms of the key design features. The semi-detached dwellings feature distinctive frontages with catslide roofs in an inverted ‘w-shaped’ formation. Detached and terraced dwellings are more traditionally designed, being 2-storey buildings with hipped roofs and bay windows. 5. Most dwellings on Braemar Road are semi-detached and, beyond the distinctive frontage feature, many have been extended.

Page 1 · Chunk 2 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision At my site visit I noted that some had been significantly extended, resulting in a degree of imbalance in some pairs; nevertheless, in each case the symmetrical frontage feature has been retained. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision At my site visit I noted that some had been significantly extended, resulting in a degree of imbalance in some pairs; nevertheless, in each case the symmetrical frontage feature has been retained. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision Appeal Decision APP/G5180/W/22/3291291 6. The appeal site is located on the corner of Braemar Road and Ravenswood Crescent and is highly visible in the street scene from both roads. It is a semi- detached dwelling which has been extended at the side and rear. Despite a degree of imbalance between the appeal site and its attached neighbour1, the pair of houses retains its distinctive frontage feature, and the existing side extension appears as a subservient addition. Existing rear extensions, which include a large roof extension, are prominent and bulky. The adjoining dwelling has also been extended at roof level, but not at the same scale. 7. The proposed development would add a third dwelling to the existing pair, following removal of the existing side-extension. It follows an earlier appeal for a new dwelling on the appeal site2, which incorporated an additional side extension. That scheme also related to a proposed dwelling set down at a lower level than the existing semi-detached pair. Although the Inspector did not find harm with respect to some elements of that development, it was concluded that the overall amount of development on the site would be detrimental to the visual and spacious qualities of the area. 8.

Page 2 · Chunk 5 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision Despite the removal of the previously proposed single storey side element, the floor level and height of the proposed dwelling has been increased, such that it would be on an equal footing with the existing pair. I have seen no local precedent for such a design. At the front it would disrupt the established pattern of development in the area, and would not accord with the key characteristics for semi-detached or terraced dwellings. 9. The side and rear of the first floor and roof levels of the appeal property is highly visible in the street scene from Ravenswood Crescent. It is also seen in the same views as other semi-detached dwellings of the same typology. The proposed development would replicate the extensive development at the rear at ground and first floors, and at roof level. Being at the same height as the existing pair, and in combination with the existing extended dwelling, the proposal would be unduly prominent in terms of its height and form in the street scene, and would be overly dominant. The cumulative visual effects of extensive development at first floor and roof level across the original pair and the proposed dwelling would therefore contrast sharply with the prevailing character of the area. 10.

Page 2 · Chunk 6 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision In conclusion, the development would harm the character and appearance of the area. It would be contrary to the relevant provisions of London Borough of Bromley Local Plan 2019 (BLP) Policies 4 and 37, which together require a high standard of design which positively contributes to the existing street scene, respecting local character and physical context. It would also conflict with the guidance in Supplementary Planning Guidance 1 and 2 (SPG 1 and 2), which seeks good design which respects the character of its locality, and Chapter 12 of the National Planning Policy Framework (the Framework) which seeks to achieve well-designed places. The Council also referred to policies of the London Plan 2021 (LP), which are relevant to this development only in as much as they seek to achieve good design. 1 60 Braemar Gardens 2 APP/G5180/W/20/3262769 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision Appeal Decision APP/G5180/W/22/3291291 Living conditions 11. Nos 26-38 are located on the opposite side of Ravenswood Crescent, facing the side of the appeal site. No 35 is on the same side as the appeal site, and adjoins its rear. Ravenswood Crescent is a tree lined avenue with footways and grass verges containing street trees on each side. 12. Although there may once have been another, there is only one mature street tree along the boundary with the appeal site and its canopy is raised well above street level. As a consequence, the side of the appeal site is prominent in views from dwellings opposite. However, there would be a significant separation distance between the proposed development and the front elevations of Nos 26-38. The proposed development would therefore not be dominant or overbearing when viewed from these properties. 13. From No 35, the rear of the proposed development would be visible from the front garden, as it would be from the street at that point. From the house itself two first floor windows face the appeal site, but the main windows face the front and rear and the separation distance between the proposed development and No 35 would be sufficient.

Page 3 · Chunk 8 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision From the rear garden there would be only limited views of the proposed development, seen within the context of vegetation in the gardens of No 35 and 60 Braemar Gardens. Therefore, despite the extensive development proposed, and its cumulative effects with the existing dwelling, the development would not be unduly overbearing or oppressive. Overall, there would not be unacceptable harm to outlook from No 35. 14. Therefore, I conclude that the proposal would not have a harmful effect on the living conditions of occupiers of Nos 26-38 and 35 Ravenswood Crescent, with regard to outlook. The proposal would accord with the relevant provisions of BLP Policies 4 and 37, which require a high standard of design which respects local character and physical context, and complement the scale of adjacent buildings and areas. It would also not conflict with the guidance in SPG1 and SPG2 and Chapter 12 of the Framework which seeks to achieve well-designed places. The Council also referred to policies of the London Plan 2021 (LP), which are relevant to this development only in as much as they seek to achieve good design. Other Matters 15.

Page 3 · Chunk 9 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision The Council states it cannot demonstrate a 5 year Housing Land Supply (HLS), with a HLS of only 3.99 years, which engages Paragraph 11(d)(ii) of the Framework. 16. The Framework acknowledges that small and medium sites can make an important contribution, and can often be built out relatively quickly. The appellant considers the appeal site is under-utilised land and the proposal would make effective use of land. The new development would also meet current building standards and, subject to a suitable planning condition, would be built to accessible and adaptable standards3. However, the proposed development of one dwelling would make only a small contribution to meeting the shortfall, and the site has a low PTAL4 rating of 2. 3 Part M4(2) of the Building Regulations. 4 Public Transport Accessibility Level. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 10 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision Appeal Decision APP/G5180/W/22/3291291 17. Nevertheless, the Framework also states that the creation of high-quality buildings and places is fundamental to what the planning and development process should achieve. It expects planning policies and decisions to ensure developments add to the overall quality of the area, are sympathetic to local character, and maintain a strong sense of place. Planning Balance and Conclusion 18. As set out above, the proposal attracts some weight in favour of the development, including a small contribution towards increasing housing supply. However, given the modest scale of the development proposed, the positive weight attributable to it is limited. 19. Although there would be no harm to the living conditions of occupiers of 26-38 and 35 Ravenswood Crescent, with regard to outlook, the harm I identify to the character and appearance of the area, and the consequential conflict with policies of the development plan and the Framework, weigh significantly against the proposed development. 20. The adverse impacts of the proposed development would therefore significantly and demonstrably outweigh the benefits of the proposal when assessed against the policies of the Framework taken as a whole.

Page 4 · Chunk 11 Appeal Decision

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Appeal Decision Therefore, the presumption in favour of sustainable development does not apply. 21. For the reasons above, having regard to the development plan as a whole, the approach in the Framework, and all other material considerations, I conclude the appeal is dismissed.

Page 4 · Chunk 12 Peter White

62 Braemar Gardens, WEST WICKHAM, BR4 0JW — London Borough of Bromley — Peter White INSPECTOR https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Character and appearance
Against appellant
¶4-10

The proposed development would add a third dwelling to the existing pair, following removal of the existing side-extension. This would disrupt the established pattern of development in the area, and would not accord with the key characteristics for semi-detached or terraced dwellings.

Living conditions
For appellant
¶12-14

The proposed development would not be dominant or overbearing when viewed from dwellings opposite, and would not have a harmful effect on the living conditions of occupiers of Nos 26-38 and 35 Ravenswood Crescent, with regard to outlook.

Policies relied on

Reference Weight
BLP Policies 4 and 37, SPG1 and SPG2, Chapter 12 of the Framework, and LP
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 4 November 2022 under the Open Government Licence.