89 Effra Road, Lambeth , LONDON, SW2 1DF

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision Site visit made on 23 January 2024 by K L Robbie BA (Hons) DipTP MTP MRTPI an Inspector appointed by the Secretary of State Decision date: 21 February 2024 Appeal Ref: APP/N5660/W/23/3326597 Ground Floor, 89 Effra Road, Lambeth, London SW2 1DF • 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 Portobello Starboard Ltd against the decision of London Borough of Lambeth. • The application Ref 22/03745/FUL, dated 19 October 2022, was refused by notice dated 15 May 2023. • The development proposed was originally described as “developed rear Beer Garden area with Pergola structure added complete with seating areas. New stretch awnings to seating areas. New resin floor finish and cobbled floor finish with new railings to boundary brickwork wall”. Decision 1.

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision The appeal is allowed and planning permission is granted for a pergola with seating area and the installation of awnings, timber fencing to side boundaries, installation of railings to brickwork, resin flooring, provision of refuse and recycling store and cycle parking at 89 Effra Road, Lambeth, London, SW2 1DF in accordance with the terms of the application, Ref 22/03745/FUL, dated 19 October 2022, and the plans submitted with it, subject to the following condition: 1) The development hereby permitted shall be carried out in accordance with the following approved plans: 01 Existing Layout & Ex External Elevations; 02 Proposed Beer Garden Layout as Built; 03 Proposed Beer Garden External Elevations; 04 Site Location Plan;05 Railings, Canopy & Fence Details; 06 Proposed Pergola Details. Preliminary Matters 2. The appellant’s name differs between the application form and the appeal form. However, consistent to both is the company name ‘Portobello Starboard Ltd’. For the avoidance of doubt, I have used this in the banner heading above. 3. I observed during my visit to the appeal site that the development described above has already been carried out.

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision I have therefore dealt with the appeal on the basis that the development has already occurred. 4. The original description of development, as provided on the application form included reference to a ‘rear beer garden area’. However, from the evidence before me, and from my observations on site, it is clear that the proposal is for development relating to a beer garden at the front of the property. Therefore, I have considered the appeal on that basis. In my decision I have adopted the description of development used by the Council, with some minor alterations to the wording to improve clarity. I have also removed the word ‘retrospective’ which does not constitute an act of development. https://www.gov.uk/planning-inspectorate

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision I have therefore dealt with the appeal on the basis that the development has already occurred. 4. The original description of development, as provided on the application form included reference to a ‘rear beer garden area’. However, from the evidence before me, and from my observations on site, it is clear that the proposal is for development relating to a beer garden at the front of the property. Therefore, I have considered the appeal on that basis. In my decision I have adopted the description of development used by the Council, with some minor alterations to the wording to improve clarity. I have also removed the word ‘retrospective’ which does not constitute an act of development. https://www.gov.uk/planning-inspectorate

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision Appeal Decision APP/N5660/W/23/3326597 5. The Government published a revised National Planning Policy Framework (the Framework) in December 2023. This does not materially change the planning policy context in respect of the main issued, and I have determined the appeal accordingly. Background and Main Issue 6. The proposal involves a number of elements, some of which the Council does not raise any objection to, namely, the resin flooring, refuse storage and cycle parking. The main issue is therefore whether the pergola, awnings, timber fencing and railings preserves or enhances the character or appearance of the Brixton Water Lane Conservation Area and the setting of the Grade II Listed Building at 91-93 Effra Road. Reasons 7. The appeal property is a detached double fronted two storey villa building with an elevated ground floor located on Effra Road, a busy thoroughfare close to the junction with Brixton Water Lane and Tulse Hill. It is currently used as a public house known as ‘Effra Social’ and is set back from the highway with a substantial forecourt.

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision The appeal building is not listed, but it is situated within the Brixton Water Lane Conservation Area (BWLCA) and adjacent to a Grade II listed building at 91-93 Effra Road (No. 91-03). Its symmetrical façade and original pattern of fenestration on both the front and rear elevations, means that the building makes a positive contribution to the BWLCA. 8. The BWLCA is small and focussed on early 19th century residential properties on Brixton Water Lane itself but also includes several properties on Effra Road. Buildings within the BWLCA on Effra Road vary in appearance and height, culminating with a late 19th century public house (known as ‘The Hootenanny’) which is a landmark building on the corner of Brixton Water Lane. 9. It is not in dispute that the forecourt has been in use as a beer garden for a considerable number of years. However, the pergola, awnings, railings and fencing, which are the subject of this appeal, have been more recently added. 10. The pergola has been designed with a butterfly style roof which allows the central porch feature on the building behind to remain visible.

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision The awnings are lightweight and are strung between a black stained timber fence along the boundary with 87 Effra Road and the pergola. The front portion of the fence is stepped lower towards the highway edge. Railings have been attached to the top of the existing central brick wall and metal gates in the openings either side on the front boundary adjacent to the highway. 11. I appreciate that pergolas, awnings and closed boarded fencing are not traditional features of the BWLCA. However, I am mindful that the proposal is viewed in the context of its location on a busy urban thoroughfare, the nearby Hootenanny Public House and other commercial urban development close by. Trees and vegetation on either boundary of the property and vegetation in the front gardens of other properties restrict longer range views of the pergola, awning and fencing structures. The proposal therefore does not look out of place in its surroundings and does not detract from the character and appearance of this section of Effra Road. Although the proposal is forward of the building line of the properties in this section of the road and as such is visible in the context of the listed building at No.

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision 91-93 a substantial row of https://www.gov.uk/planning-inspectorate 2

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision 91-93 a substantial row of https://www.gov.uk/planning-inspectorate 2

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision Appeal Decision APP/N5660/W/23/3326597 trees on the boundary between the appeal building and that property create a significant visual barrier between the two buildings. I am therefore satisfied that the proposal does not affect the appreciation of the listed building in its context. 12. Whilst significant in length, the pergola represents a relatively simple structure which appears subservient to the main building and is in keeping with both the use of the building as a public house and the position of it on a busy main road. Its form means that it does not appear overly dominant. The awnings, refuse storage, cycle storage and alterations to the surface of the forecourt are viewed in the context of the beer garden and the existing use of the building as a public house. 13. The railings are similar in style and appearance to that adjacent on the road frontage on No. 91-93 and are viewed within the context of a variety of approaches to boundary treatments along Effra Road. The black painted finish of the railings and fence does not particularly draw the eye given the urban nature of their surroundings and intervening structures and vegetation. Although the railings are higher than those to the front of No.

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision 91-93, they are not so excessively high to be out of character with their surroundings. 14. The proposal, therefore, does not result in harm to its surroundings or to the special interest of the BWLCA as identified above. Rather, it results in a neutral effect on the character and appearance of the BWLCA as a whole, which would be preserved. 15. For the above reasons the proposal would preserve the setting of the adjacent Grade II listed building at 91-93 Effra Road and does not cause harm the character and appearance of the BWLCA. As such it would conform with Policies Q2, Q5, Q20 and Q22 of the Lambeth Local Plan (2021) which, amongst other things, seek to ensure that development is a creative and innovative response to positive aspects of the locality and historic character and would conserve and not harm the historical significance of heritage assets.

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision Despite a technical breach of the guidance contained within the Council’s Building Alterations and Extensions SPD (2015) in relation to boundary treatments, the site-specific circumstances of this appeal mean that the scheme would still comply with the overall amenity and design aims of the guide and those contained within LLP Policy Q15 and the development plan as a whole. Other Matters 16. I have considered the representation made to the planning application which is concerned about the use and operation of the premises. These are not, however, mattes which are relevant to my consideration of the appeal which is for the installation of a pergola, awning, hard surfacing and railings. I have assessed the proposal on its own merits, having regard to the setting thereof in the BWLCA and adjacent to a Grade II listed building, which must be assessed solely on its planning merits. Conditions 17. I have carefully considered the Council’s proposed conditions in the light of the Framework and Planning Practice Guidance. A plans condition is necessary and reasonable in the interests of certainty. However, as the development has https://www.gov.uk/planning-inspectorate 3

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — Appeal Decision Appeal Decision APP/N5660/W/23/3326597 already been carried out, the standard time limit and material conditions are not necessary. 18. The Council have also suggested a condition requiring a customer management plan to be submitted and agreed. As the development does not involve a change of use it would be unreasonable to require such a plan. The proposed condition would therefore not pass the tests set out in the framework and it is not necessary to impose this condition. Conclusion 19. For the reasons given above, having regard to the development plan as a whole and all other relevant material considerations, I conclude that the appeal is allowed.

89 Effra Road, Lambeth , LONDON, SW2 1DF — London Borough of Lambeth — K L Robbie INSPECTOR https://www.gov.uk/planning-inspectorate 4