Case 3296840

286-288 Malyons Road, Ladywell, LONDON, SE13 7XF

London Borough of Lewisham — appeal dismissed

Outcome
Dismissed
Decision date
2 November 2022
Authority
London Borough of Lewisham
Inspector
Evans L
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr M Wilson
LPA reference
DC/22/125048
ONS LPA code
E09000023
Jurisdiction
Transferred
Link status
Not Linked
Start date
13 June 2022

Summary AI

The appeal for a conversion of two flats into one dwelling house was dismissed due to the proposal's impact on the provision of housing within the Borough, in conflict with policy 1 of the Lewisham Core Strategy and DM Policy 2 of the DM Local Plan.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

286-288 Malyons Road, Ladywell, LONDON, SE13 7XF — London Borough of Lewisham — Appeal Decision Site visit made on 18 October 2022 by Lynne Evans BA MA MRTPI MRICS an Inspector appointed by the Secretary of State Decision date: 2nd November 2022 Appeal Ref: APP/C5690/W/22/3296840 286-288 Malyons Road, Ladywell, London SE13 7XF • 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 Wilson against the decision of the Council of the London Borough of Lewisham. • The application Ref: DC/22/125048 dated 10 January 2022, was refused by notice dated 9 March 2022. • The development proposed is Conversion from 2 separate flats into 1 dwelling house. Decision 1. The appeal is dismissed. Main Issue 2. The main issue in this appeal is the effect of the proposal on the provision of housing within the Borough. Reasons 3. The appeal property is at the southern end of a terrace of residential properties on the west side of Malyons Road and in a predominantly residential area with the public open space of Ladywell Fields to the south. The road contains a mix of houses and flats, including properties built as flats with separate entrances from the street.

Page 1 · Chunk 1 Appeal Decision

286-288 Malyons Road, Ladywell, LONDON, SE13 7XF — London Borough of Lewisham — Appeal Decision From the information before me, it has been confirmed that the appeal property was built as two flats. It is, as existing, laid out as a one bedroom flat on the ground floor, with garden access, and a separate two bedroom flat above. 4. The proposal would convert the whole property, including some minor alterations, into one family sized dwelling with four bedrooms. There are no concerns with the standard of accommodation that would be provided and a family sized house would be created, but it would result in the net loss of one dwelling. 5. Core Strategy Policy 1 of the Council’s adopted Core Strategy 2011 relates to Housing provision, mix and affordability and criterion 2 is clear that development should result in no net loss of housing. Policy DM Policy 2 of the Council’s adopted Local Plan 2014 (DM Local Plan) seeks to prevent the loss of existing housing and the proposal would not meet any of the circumstances set out under Section 1. Given that there is no evidence before me to suggest that it was once a single dwelling which has subsequently been converted to https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

286-288 Malyons Road, Ladywell, LONDON, SE13 7XF — London Borough of Lewisham — Appeal Decision Appeal Decision APP/C5690/W/22/3296840 multiple dwellings, Section 2 would also not apply. The supporting text to both policies indicates the overwhelming housing need within Lewisham and the Council has again confirmed the housing need within the Borough, which they have again described as overwhelming. 6. The proposal would not result in any loss of floorspace and would offer potential occupancy levels equivalent to or in excess of the existing two flats as required by Policy H8 of the London Plan 2021. Although the London Plan is a more recent plan to the Lewisham Core Strategy and DM Local Plan, I am satisfied that full weight should be given to the relevant policies from the Lewisham Plans which set out, on a more specific local basis, the way in which the housing supply is to be managed. 7. I therefore conclude that the proposal, which would result in the net loss of one housing unit, would harm the provision of housing within the Borough. This would conflict with Policy 1 of the Council’s Core Strategy and DM Policy 2 of the Council’s DM Local Plan as well as the National Planning Policy Framework and in particular Section 5, all of which amongst other things seek to ensure the supply of housing. 8.

Page 2 · Chunk 3 Appeal Decision

286-288 Malyons Road, Ladywell, LONDON, SE13 7XF — London Borough of Lewisham — Appeal Decision The reason for refusal also refers to Policy GG4 of the London Plan 2021, and although this has not been provided to me, I understand that this, amongst other objectives, refers to a pressing need for more homes in London. The loss of a housing unit would not appear to meet that policy objective. 9. I have no doubt that there is a need for more family units and that the provision of a family unit would therefore offer some public benefits. However, there is no information before me to indicate that the provision of family sized units should be at the expense of the overall number of housing units. The proposal would not therefore outweigh the harm I have concluded, arising from the net loss of one residential unit. 10. For the reasons given above and having regard to all other matters raised, I conclude that this appeal should be dismissed.

Page 2 · Chunk 4 L J Evans

286-288 Malyons Road, Ladywell, LONDON, SE13 7XF — London Borough of Lewisham — L J Evans INSPECTOR https://www.gov.uk/planning-inspectorate 2

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

Main issues and findings

Housing land supply
Against appellant
¶4

The proposal would result in the net loss of one dwelling, which would conflict with policy 1 of the Lewisham Core Strategy and DM Policy 2 of the DM Local Plan.

Housing land supply
Against appellant
¶6

Although the London Plan is a more recent plan, the Lewisham Plans set out the way in which the housing supply is to be managed, and the proposal would harm the provision of housing within the Borough.

Housing land supply
Against appellant
¶7

The proposal would conflict with policy 1 of the Council’s Core Strategy and DM Policy 2 of the Council’s DM Local Plan as well as the National Planning Policy Framework and in particular Section 5.

Policies relied on

Reference Weight
Core Strategy Policy 1, Lewisham Core Strategy 2011
Determinative
DM Policy 2, DM Local Plan 2014
Determinative
Policy H8, London Plan 2021
Moderate
National Planning Policy Framework, Section 5
Substantial
Policy GG4, London Plan 2021
Limited

Site constraints from the Casework Database

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

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 2 November 2022 under the Open Government Licence.