Case 3329092

Basement And Ground Floor , 7 Shepherd's Bush Road, Hammersmith and Fulham, LONDON, W6 7NA

London Borough of Hammersmith and Fulham — appeal dismissed

Outcome
Dismissed
Decision date
19 June 2024
Authority
London Borough of Hammersmith and Fulham
Inspector
Poole S
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Caleb Hartfield Ltd
LPA reference
2023/01220/FUL
ONS LPA code
E09000013
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 February 2024

Summary AI

The appeal was dismissed due to the proposed development not meeting local and national planning policies regarding living conditions, natural ventilation, and outlook.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Basement And Ground Floor , 7 Shepherd's Bush Road, Hammersmith and Fulham, LONDON, W6 7NA — London Borough of Hammersmith and Fulham — Appeal Decision Site visit made on 28 May 2024 by S Poole BA(Hons) DipArch MPhil MRTPI an Inspector appointed by the Secretary of State Decision date: 19TH June 2024 Appeal Ref: APP/H5390/W/23/3329092 Basement and Ground, 7 Shepherd's Bush Road, London W6 7NA • 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 Mark Saade of Caleb Hartfield Ltd against the decision of the Council of the London Borough of Hammersmith and Fulham. • The application Ref 2023/01220/FUL, dated 11 May 2023, was refused by notice dated 9 June 2023. • The development proposed is the conversion of the basement and ground floor level from a 2 bedroom self-contained maisonette flat into a 1 x 1 bedroom self-contained flat at ground floor level and 1 x self-contained studio flat at basement level. Decision 1. The appeal is dismissed. Procedural Matters 2. In the interest of clarity I have used the description of development provided on the appeal form in the banner heading above. 3.

Page 1 · Chunk 1 Appeal Decision

Basement And Ground Floor , 7 Shepherd's Bush Road, Hammersmith and Fulham, LONDON, W6 7NA — London Borough of Hammersmith and Fulham — Appeal Decision At the time of my visit a self-contained flat had been created on the ground floor but the basement was not in residential use so the development described above had been partially carried out. Main Issue 4. The main issue is whether the proposal would provide acceptable living conditions for future occupiers, with particular regard to outlook and natural ventilation. Reasons 5. The appeal site comprises the basement and ground floor of an end-of-terrace property situated close to the junction between Shepherd’s Bush Road and Minford Gardens. The ground floor flat is accessed via a door in the side elevation. The basement is accessed via a lightwell at the front of the property and at the time of my site visit was vacant, unused space. 6. The proposal would include the formation of a self-contained studio flat within the basement. This would gain natural light via the glazed opening facing the lightwell at the front and indirectly from a ground floor level window facing Minford Gardens via an opening in the ceiling. The latter would not provide any outlook and outlook to the front would be towards the walls and fence https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Basement And Ground Floor , 7 Shepherd's Bush Road, Hammersmith and Fulham, LONDON, W6 7NA — London Borough of Hammersmith and Fulham — Appeal Decision Appeal Decision APP/H5390/W/23/3329092 enclosing the lightwell. As a consequence of this arrangement a large proportion of the dwelling would feel oppressive. In addition, the existing and proposed apertures would not provide a dual aspect living environment with scope for a meaningful level of natural ventilation. 7. For these reasons I conclude that the proposal would not provide acceptable living conditions for future occupiers. It therefore fails to accord with Policies HO4 and HO11 of the Hammersmith and Fulham Local Plan (2018) which seek to ensure that the design and quality of all new housing, including new build, conversions and change of use, is of a high standard. There is also conflict with Policy D6 of the London Plan (2021) which seeks the provision of dual aspect dwellings and natural ventilation. Conclusion 8. For the reasons set out above, and having regard to all other matters raised, I conclude that the appeal should fail.

Page 2 · Chunk 3 S Poole

Basement And Ground Floor , 7 Shepherd's Bush Road, Hammersmith and Fulham, LONDON, W6 7NA — London Borough of Hammersmith and Fulham — S Poole 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

Living conditions
Against appellant
¶4

The proposal would include a self-contained studio flat within the basement, but it would not provide a dual aspect living environment with scope for meaningful natural ventilation.

Policies relied on

Reference Weight
HO4 and HO11 of the Hammersmith and Fulham Local Plan (2018), Policy D6 of the London Plan (2021)
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 19 June 2024 under the Open Government Licence.