Case 3299020

13B Cherry Orchard Road, Bromley, KENT, BR2 8NE

London Borough of Bromley — appeal dismissed

Outcome
Dismissed
Decision date
2 February 2023
Authority
London Borough of Bromley
Inspector
Bartlett R
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
. Rebecca Lloyd
LPA reference
DC/21/04410/FULL1
ONS LPA code
E09000006
Jurisdiction
Transferred
Link status
Not Linked
Start date
4 August 2022

Summary AI

The appeal for a new dwelling on land adjacent to 13B Cherry Orchard Road was dismissed due to the proposed development's potential to harm the character and appearance of the area. The inspector found that the proposal would detract from the spatial standards of the area, contrary to 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

13B Cherry Orchard Road, Bromley, KENT, BR2 8NE — London Borough of Bromley — Appeal Decision Site visit made on 16 November 2022 by R Bartlett PGDip URP MRTPI an Inspector appointed by the Secretary of State Decision date: 02 FEBRUARY 2023 Appeal Ref: APP/G5180/W/22/3299020 13B Cherry Orchard Road, Bromley BR2 8NE • 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 Rebecca Lloyd against the decision of the Council of the London Borough of Bromley. • The application Ref DC/21/04410/FULL1, dated 6 September 2021, was refused by notice dated 17 February 2022. • The development proposed is a new 3 bedroom dwelling on land adjacent to 13B Cherry Orchard Road. Decision 1. The appeal is dismissed. Main Issue 2. The effect of the proposed development on the character and appearance of the area. Reasons 3. The appeal site comprises a parking area and garden land to the side of a three storey, gable fronted, detached building, which was converted into two flats, Nos. 13A and 13B Cherry Orchard Road, in the 1980’s. 4. Cherry Orchard Road is a narrow street comprising two and three storey dwellings of varying age, height and design.

Page 1 · Chunk 1 Appeal Decision

13B Cherry Orchard Road, Bromley, KENT, BR2 8NE — London Borough of Bromley — Appeal Decision The spaces between buildings vary in size, but where these are limited to a single narrow footpath between buildings, the gap tends to increase at first floor level and above, breaking up the massing of the taller buildings and roof lines. 5. The proposed dwelling would be constructed very close to the side elevation of Nos. 13A and 13B. A limited gap would be retained to allow access between the existing and proposed properties. It is unclear from the submitted plans if this access is intended to be shared. The red line site boundary wraps tightly around the side and rear of the existing building, taking in the area immediately outside of the ground floor rear windows of No.13A, as well as the access route to the external rear staircase that provides access to the upper floor flat. Whilst the appeal site and No.13B are currently in the same family ownership, there is no certainty that this would always remain the case. The absence of a retained private access to the side and rear of the existing building is a symptom of over development. 6.

Page 1 · Chunk 2 Appeal Decision

13B Cherry Orchard Road, Bromley, KENT, BR2 8NE — London Borough of Bromley — Appeal Decision The minimal gap retained between the existing and proposed buildings, would not reflect that found between other properties in the area, which generally have access space to the side of each property and a wider space between the https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

13B Cherry Orchard Road, Bromley, KENT, BR2 8NE — London Borough of Bromley — Appeal Decision The minimal gap retained between the existing and proposed buildings, would not reflect that found between other properties in the area, which generally have access space to the side of each property and a wider space between the https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

13B Cherry Orchard Road, Bromley, KENT, BR2 8NE — London Borough of Bromley — Appeal Decision Appeal Decision APP/G5180/W/22/3299020 upper floors. The proposal would therefore detract from the spatial standards of the area. 7. The existing parking area at the front of the site runs roughly in line with the front of the garage of adjacent No.15. It is currently only just large enough to park 3 modest size cars, without overhanging the grass verge or the highway. The front of the new dwelling would be sited further forward than the adjacent garage, reducing this space. The parking area is also constrained by a streetlight, that is proposed to be retained. Cars would be parked tightly up to the front of the house and its windows, blocking most of its frontage. This arrangement would result in a cramped appearance, which would again detract from the spatial qualities of this location. 8. I therefore conclude that the proposal, would result in harm to the character and appearance of the area, contrary to Policies 4, 8 and 37 of the London Borough of Bromley Local Plan (January 2019) and the National Planning Policy Framework (the Framework). These policies seek, amongst other things, to ensure that new development achieves a high standard of design and layout that respects local character and spatial standards.

Page 2 · Chunk 5 Appeal Decision

13B Cherry Orchard Road, Bromley, KENT, BR2 8NE — London Borough of Bromley — Appeal Decision Other Matters 9. The Council accepts that it has less than a 4 year supply of housing land. Consequently, the tilted balance at paragraph 11(d) of the Framework, is engaged. 10. I recognise that the proposed development would make more efficient use of this windfall site. I also acknowledge the appellant’s desire to build a new home in this location, where they grew up, which would be closer to family and work and where they are unable to afford an existing home. 11. The proposal would make a modest contribution to the supply of housing in the area. It could be delivered quickly and would result in some modest economic benefits in terms of creating jobs during its construction, and future occupants supporting local businesses. However, the same benefits could be achieved by a dwelling which better reflects the character and appearance of the area. 12. I have had regard to other concerns raised by local residents. However, given my findings on the main issue, it is not necessary for me to address each of these other matters in further detail. I have also had regard to the letters of support, but these do not outweigh the harm I have identified to the character and appearance of the area. 13.

Page 2 · Chunk 6 Appeal Decision

13B Cherry Orchard Road, Bromley, KENT, BR2 8NE — London Borough of Bromley — Appeal Decision When assessed against the policies in the Framework taken as a whole, I consider that the harm I have identified would significantly and demonstrably outweigh the modest benefits of one dwelling. Conclusion 14. I conclude that the proposal would conflict with the development plan as a whole. There are no other considerations, including the provisions of the Framework, which outweigh this finding. Accordingly, the appeal is dismissed.

Page 2 · Chunk 7 R Bartlett

13B Cherry Orchard Road, Bromley, KENT, BR2 8NE — London Borough of Bromley — R Bartlett 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

Character and appearance
Against appellant
¶2-6

The proposed dwelling would be constructed very close to the side elevation of Nos. 13A and 13B, and the minimal gap retained between the existing and proposed buildings would not reflect that found between other properties in the area.

Character and appearance
Against appellant
¶7

The front of the new dwelling would be sited further forward than the adjacent garage, reducing the space for parking and resulting in a cramped appearance.

Policies relied on

Reference Weight
London Borough of Bromley Local Plan (January 2019) Policy 4, 8, 37
Determinative
National Planning Policy Framework
Determinative

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 February 2023 under the Open Government Licence.