232 Erith Road, BEXLEYHEATH, DA7 6HP

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision Site visit made on 15 October 2024 by S Wilkinson BA, BPl, Dip LA, MBA, MRTPI an Inspector appointed by the Secretary of State Decision date: 20 November 2024 Appeal Ref: APP/D5120/W/24/3337052 232 Erith Road, BEXLEYHEATH, DA7 6HP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Kallarview Construction Ltd against the Council of the London Borough of Bexley. • The application Ref is 23/02064. • The development proposed is construction of 8 x 2 storey houses with additional accommodation in the roof to rear and alterations to existing dwelling to provide pedestrian and cycle access. Decision 1. The appeal is dismissed. Preliminary Matters 2. The appeal has arisen from the non-determination of the application for planning permission. Despite repeated requests the Council has not provided evidence contesting or supporting the appeal scheme or the policies on which the decision should be made. It has however confirmed that it would not be addressing this appeal. 3.

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision In determining this appeal, I have considered the comments received from interested parties and the appellant’s statement submitted with the application and with the appeal. 4. The Development Plan comprises the London Plan (LP)2021 and the Bexley Local Plan (BLP) 2023. Main Issues 5. As there are no reasons for refusal or even a clear statement from the Council that had it been in a position to make a decision it would have either refused or granted permission for the scheme, I have introduced three issues on which a decision should turn. I have consulted the appellant on these. 6. The issues are the effects of the appeal scheme on: • the character and appearance of the local area, • the living conditions of neighbouring residential occupiers, and • on highway safety. https://www.gov.uk/planning-inspectorate

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision Appeal Decision APP/D5120/W/24/3337052 Reasons Character and appearance 7. The appeal site comprises an extensive rear garden of a large detached two storey residential property lying on the south side of Erith Road and bounded on its eastern side by a rail cutting for the London Bridge-Dartford Line. 8. The surrounding area includes a detached two storey dwellings, terraced housing, flats and maisonettes including those to the rear of the site at Lingwood. There is an established pattern of building on Erith Road within the vicinity of the site comprising detached properties with deep rear gardens. 9. The appeal scheme would involve the demolition of an extension to the existing dwelling to allow access to the rear garden area in which the development is proposed. The existing dwelling would be retained with its own rear garden space. 10. The scheme is designed to take advantage of the existing levels across the site which include a natural ‘bowl’ within the existing garden. The proposed terrace would sit within this area limiting its physical impact. 11. The appeal scheme comprises a single terrace of eight 2.5 storey residential dwellings which extend across the central part of the garden.

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision Whilst the principle of additional residential development on this site is accepted the form of development proposed would be at variance with the established pattern of development along Erith Road. The design involving gable fronted properties serves to accentuate the height of the proposed terrace. 12. I acknowledge that in the area around the appeal site there is a variety of built form. However, the large blocks of flats sit across the rail line from the appeal site and do not form part of its immediate context. The design of development proposed for this site in this backland site is of such a scale that it would adversely impact on the character and appearance of the area surrounding the site. Whilst the National Design Guide advises that well designed places do not have to copy their surroundings they should at least harmonise with their context. The appeal scheme does not adhere to this. 13. Existing development at both Three Corners and Appleton Close does not appear as back land development. Each has a different context from the appeal site being both relatively spacious developments comprising two storey semi detached properties. Lingwood is set back from the road frontage at the end of ‘Three Corners’.

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision Both developments are several decades old and it is unclear the policy context which informed decisions on their development. They are not comparable to the proposed scheme. 14. Development Plan policies LP GG2, GG4 and D3 seek to optimise the use of land through a design led approach. This requirement is consistent with BLP policies SP2 and DP2. However, in this instance whilst the principle of some form of residential development is acceptable in this location it is the scale of the appeal scheme which would not complement the surrounding area and would conflict with policies BLP DP11 and LP D3. https://www.gov.uk/planning-inspectorate 2

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision Both developments are several decades old and it is unclear the policy context which informed decisions on their development. They are not comparable to the proposed scheme. 14. Development Plan policies LP GG2, GG4 and D3 seek to optimise the use of land through a design led approach. This requirement is consistent with BLP policies SP2 and DP2. However, in this instance whilst the principle of some form of residential development is acceptable in this location it is the scale of the appeal scheme which would not complement the surrounding area and would conflict with policies BLP DP11 and LP D3. https://www.gov.uk/planning-inspectorate 2

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision Appeal Decision APP/D5120/W/24/3337052 Living conditions of existing occupiers 15. The appeal scheme is located towards the back of the existing rear garden in the lowest part of the site. Separation distances between the proposed housing and the rear boundary are satisfactory. This distance together with the extent of mature boundary vegetation and orientation of Nos 10-19 Lingwood would reduce the possibility of direct overlooking. 16. The proposed level of the appeal scheme would reduce the harm which could arise from overlooking to the rear of properties in Erith Road. In part the position of the upper floor bedroom windows would further limit opportunities for overlooking to the rear garden of No 230 Erith Road and other properties. 17. Although the separation distance between the appeal scheme and the retained property would be slightly under the adopted standard this would not lead to significant harm arising from overlooking. 18. For these reasons, I find that the appeal scheme would not conflict with policy BLP DP1c. Highway safety 19. The appeal site is located adjacent to a bridge over the rail lines which form a boundary to the site.

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision At this point the carriageway narrows and includes a refuge island designed to prevent right turning traffic movements. The appeal site lies within the Barnhurst Controlled Parking Zone (CPZ) and has a good Public Transport Accessibility Level (PTAL) of 4. 20. Although the appeal scheme is proposed as car free housing the existing access would be retained to allow access to two parking spaces proposed for the retained dwelling. An access of 4.5metres width would extend into the site reduced in width to 3.5metre adjacent to the proposed dwellings. 21. The scheme involves the removal of the existing highway refuge to accommodate a loading bay within the carriageway designed to maintain traffic flows along Erith Road even when a delivery vehicle is stationed at the site. This arrangement would prejudice highway safety given the likely period of time that vehicles would have to be stationed to enabling delivery personnel to walk to a property within the scheme. The comments of the Highway Authority are instructive in this regard. Given that the road carries large volumes of traffic the removal of this refuge could further compromise highway safety conflicting with policy BLP DP24. 22.

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision In principle the location of a scheme for car free housing on a site within PTAL 4 complies with policy LP T6. However, whilst the appellant has stated this would be delivered through a legal agreement restricting occupants from obtaining on street parking permits as required by policy BLP DP23 there is no such agreement before me. 23. In the absence of a completed legal agreement designed to give effect to the appellant’s intentions car free housing could not be delivered through this appeal scheme. In the absence of such an agreement there is increased likelihood that additional parking generated by the appeal scheme would result in additional on street parking which could prejudice highway safety. https://www.gov.uk/planning-inspectorate 3

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — Appeal Decision Appeal Decision APP/D5120/W/24/3337052 24. For the above reasons I conclude that the appeal scheme conflicts with policies LP T6, BLP DP23 and DP24. Conclusions 25. I acknowledge that the appeal scheme would provide eight new dwellings and could contribute to meeting the demand for housing in the Borough and London. The scheme design includes dwellings which comply with the nationally prescribed space standards and would result in limited impacts on the living conditions of surrounding occupiers. 26. However, the scheme does not respond well to its immediate context harming the area’s character and appearance and could prejudice highway safety. 27. It is for these reasons that the appeal scheme is dismissed.

232 Erith Road, BEXLEYHEATH, DA7 6HP — London Borough of Bexley — S Wilkinson INSPECTOR https://www.gov.uk/planning-inspectorate 4