1 Virginia Road, THORNTON HEATH, CR7 8EL

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision Site visit made on 31 October 2023 by J Moore BA (Hons) BPl MRTPI an Inspector appointed by the Secretary of State Decision date: 7 December 2023 Appeal Ref: APP/L5240/W/23/3322148 1 Virginia Road, Thornton Heath, Croydon CR7 8EL • 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 Tushar Patel of TRA Ltd against the decision of the Council of the London Borough of Croydon. • The application Ref 22/01787/FUL, dated 29 April 2022, was refused by notice dated 13 March 2023. • The development proposed is the erection of 2x three storey homes at the rear, formation of an access road and other associated site alterations. Decision 1. The appeal is dismissed. Preliminary Matters 2. There are two permissions for development on the appeal site, one allowed on appeal in June 2017 (ref APP/L5240/W/16/3165896) (the first scheme) and a second permitted by the Council in April 2018 (ref 18/00256/FUL) (the second scheme). While both schemes were for two dwellings, the first scheme was for two bedroomed, two storey dwellings and the second scheme proposed three storey, three bedroomed properties. 3.

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision The proposed dwellings before me are larger than those previously approved, to include a rear projection across the full width of the rear elevation. The proposed rear dormers are taller, almost to the ridge height. Thus, the proposal before me would result in a larger footprint and volume compared to the previous schemes. Furthermore, the site layout before me is different to the second scheme. For example, the area of hardstanding is larger, and the proposed car parking spaces are in a different position. The appeal proposal is not, therefore, a duplicate or resubmission of either previous scheme. 4. From the evidence before me and my own observations, the nature of the site has also changed, whereby there is a large outbuilding within the appeal site. Therefore, whilst the previously approved schemes are material considerations, I consider them in the above context in my reasoning below. 5. I acknowledge that the appellant was unable for personal reasons and the COVID-19 pandemic to pursue previous permissions. However, with the passage of time, those permissions have lapsed, and national and local planning policy has also changed. Main Issues 6. The main issues are: https://www.gov.uk/planning-inspectorate

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/23/3322148 • the effect of the proposal upon the character and appearance of the area; • the effect of the proposal upon highway safety; • whether the proposal makes adequate provision for accessible housing; and • whether the proposal would provide acceptable living conditions for future occupiers, with particular regard to the provision of refuse and recycling facilities. Reasons Character and appearance 7. The appeal site is at the end of a long street in an established residential area, where properties are predominantly two storey semi-detached with deep back- to-back gardens. Gardens to the front are modest, and the semi-detached buildings often either join or are close to one another, presenting a relatively continuous built form along the front elevation. 8. The spacious nature of rear gardens, both in absolute terms and relative to the size of the host property, is an important part of the established, suburban and relatively spacious character and appearance of the area.

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision The rear garden to the appeal site makes a particularly positive contribution to the open character of the immediate area in this respect, because it is clearly visible from Virginia Road over the open land immediately adjacent. 9. The appeal site is within an area which has a Public Transport Accessibility Level of 1b, meaning that it has a very low level of accessibility to public transport. Consequently, the site is not within an area where intensification policies apply. In such circumstances, Policy DM10.1 of the Croydon Local Plan 2018 (CLP) seeks to achieve a minimum height of three storeys, and in the case of development in the grounds of an existing building which is retained, development shall be subservient to that building. 10. Due to their proposed depth, the dwellings would be much deeper built forms than those prevailing in the area. The combined footprint of the two dwellings would be about 168m2. The proposed plots would be comparatively much smaller than the prevailing plot sizes in the area. The proposal would therefore result in a much higher ratio of built form to plot than the prevailing development pattern.

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision These factors would combine with the overall scale of the proposed dwellings to the extent that the proposed development would compete with its host and not appear subservient to it, and the proposed dwellings would appear cramped within their immediate context. 11. The retained outbuilding is a large single storey structure with openings to include windows and an external door with letterbox. Due to its scale and height, and despite its flat roofed form, it appears within views from Virginia Road. The presence of this outbuilding would exacerbate the cramped appearance of the proposed development in this regard. 12. Policy DM10.4 of the CLP requires a minimum length of 10m and no less than half or 200m2 (whichever is the smaller) of the existing garden area is retained for the host property. The proposed plans detail about 140m2 of retained back garden, but this area also includes the retained outbuilding. Furthermore, the plans do not detail an existing rear extension to the host property. https://www.gov.uk/planning-inspectorate 2

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/23/3322148 Consequently, it has not been demonstrated that the retained garden would meet the thresholds set out in Policy DM10.4. It is in fact likely that it would fail to meet these standards. 13. The double storey square bay to the principal elevation would match that of the host property, but there are little other design features that match those of its host or the wider area. In particular, the proposed dwellings would be of a design to include a pitched roof with a dual gable, which would be discordant to the prevailing hipped forms. The proposed rendered finish would accord with the predominant character of the area, but the proposed timber cladding to the gables and base of windows would be a discordant feature. 14. Furthermore, the proposal would include a substantial area of hardstanding, with little if any soft landscaping to soften its appearance, nor any front garden area. Consequently, the proposal would fail to respect the local character and appearance of the area. 15. In addition, the overall mass of the proposed dwellings would be significantly greater than the previously approved schemes. 16.

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision Having regard to all of the above, I conclude that the proposal would unacceptably harm the character and appearance of the area. It conflicts with Policies D3 of the London Plan 2021 (LP) and Policies SP4 and DM10 of the CLP. Taken together, these policies seek to ensure that a design led approach optimises site capacity, whilst positively responding to character and distinctiveness; and to ensure that sub-division does not unacceptably harm the character and appearance of the area. It also conflicts with Chapter 12 of the National Planning Policy Framework, which requires high quality design. Highway safety 17. The proposed dwellings would be accessed from the side of the host property via an existing crossover. Three parking spaces are shown, without any turning area and without any passing place. Consequently, I am not satisfied that vehicles could enter and leave the site in forward gear. In this regard, future occupiers would likely need to perform reversing manoeuvres to either enter or exit the appeal site, placing pedestrians, cyclists, and other highway users at risk of collision. 18. A visibility splay is detailed on the proposed plans, but part of it is located outside the boundary of the application.

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision During my visit, I saw that this area is occupied by a tree. It is also bounded by fencing which runs along the back of pavement and along the edge of the appeal site. From the evidence before me, I am not satisfied that the land is within the control of the appellant. Therefore, the proposal could result in vehicle movements that increase the risk of collision between highway users. 19. I therefore conclude that the proposal would result in an unacceptable risk to highway safety. The proposed development conflicts with Policy T6 of the LP and Policies DM29 and DM30 of the CLP. Taken together, these policies seek to ensure that development does not have a detrimental impact upon highway safety for pedestrians, cyclists and other highway users. Accessible housing https://www.gov.uk/planning-inspectorate 3

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/23/3322148 20. Policy D7 of the LP requires at least 10% of new dwellings to comply with the Building Regulation requirements M4(3) ‘wheelchair user dwellings’, and all other dwellings to comply with M4(2) ‘accessible and adaptable dwellings.’ 21. The proposed dwellings would be three-storey to include stairs. The submitted plans do not detail a WC on the ground floor. While the first scheme allowed on appeal included a WC to the ground floor, this has not been demonstrated in the scheme before me. I acknowledge that the appellant is willing to amend the scheme, but there is no amendment before me. It is unclear how, or even if, compliance could be achieved within the footprint and layout of the proposed dwellings, and therefore I am not content to leave this matter to a condition. 22. I therefore conclude that the proposed development would not provide adequate provision of accessible housing. It conflicts with Policy D7 of the LP, whose objectives I have set out above. Living conditions – future occupiers 23. A proposed bin store would be adjacent to the principal elevation of each dwelling, and thus conveniently located for future occupiers.

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision However, the proposed plans illustrate a single bin to each property, and one bin would not result in the separation of waste and recyclables. Therefore, the proposed store is not of a sufficient size. 24. The narrow access and lack of turning space would not be suitable for a waste collection vehicle. The Council states that their waste operatives will only collect bins presented within 20m of the highway. The distance between the proposed bin store and the highway is clearly in excess of 20m. 25. Having regard to the proposed site layout, I am not satisfied that suitable facilities for refuse, recycling and servicing can be delivered within the site. Although the Council was content to leave such matters to a condition for the previous scheme, I am not content to do so in the scheme before me, as the footprint of the proposed dwellings and area of hardstanding is greater, leaving reduced space for the provision of further space for bin storage. 26. I therefore conclude that the proposed development would not provide acceptable living conditions for future occupiers, with particular regard to the provision of refuse and recycling facilities.

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — Appeal Decision It conflicts with Policy DM13 of the CLP, which seeks to ensure that such facilities are treated as an integral element of the overall design of a development and that they are adequately provided, safe, conveniently located and easily accessible by occupants, operatives and their vehicles. Conclusion 27. For the reasons given, I conclude that the proposed development conflicts with the development plan, read as a whole. No material considerations have been shown to carry sufficient weight to warrant a decision otherwise than in accordance with it. Therefore, the appeal is dismissed.

1 Virginia Road, THORNTON HEATH, CR7 8EL — London Borough of Croydon — J Moore INSPECTOR https://www.gov.uk/planning-inspectorate 4