11 Chatsworth Road, Croydon, CR0 1HE

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision Site visit made on 11 December 2024 by S Rawle BA (Hons) Dip TP Solicitor an Inspector appointed by the Secretary of State Decision date: 31 December 2024 Appeal Ref: APP/L5240/W/24/3345219 11 Chatsworth Road, Croydon, CR0 1HE • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Prince Ajene of Henry Ajene Studio Ltd against the decision of the Council of the London Borough of Croydon. • The application Ref is 23/04271/FUL. • The development proposed is the change of use from a single residential dwelling house (Use Class C3) to a 6-Bed HMO (Use Class C4), with associated refuse storage and cycle shelter. Decision 1. The appeal is dismissed. Preliminary Matters 2. During the appeal process the appellant has prepared a revised plan indicating that the proposed bin storage enclosures would be located within the rear garden.

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision However, this would result in a substantial difference to the proposal considered at the application stage and if I were to accept such a change at this stage it would deprive those who were entitled to be consulted, including neighbouring residents of the opportunity to make any representations. As a result, in the circumstances it would not be fair for me to consider the amended plan and consequently I have determined the appeal on that basis. 3. I have had regard to the updated National Planning Policy Framework (the Framework) which has been recently published. I note that although national policies relating to housing land supply have changed, they have not materially affected the outcome of my decision since I have identified conflict with the development plan in respect of other main issues where the Framework has not materially changed. Therefore, in this instance it has not been necessary to consult the parties on these changes. Main Issues 4.

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision The main issues are: • whether or not the proposal would provide adequate, useable and accessible refuse storage facilities; • whether the proposal would preserve or enhance the character or appearance of the Chatsworth Road Conservation Area; and • whether or not the proposal would result in unacceptable parking pressure in the area. https://www.gov.uk/planning-inspectorate

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision The main issues are: • whether or not the proposal would provide adequate, useable and accessible refuse storage facilities; • whether the proposal would preserve or enhance the character or appearance of the Chatsworth Road Conservation Area; and • whether or not the proposal would result in unacceptable parking pressure in the area. https://www.gov.uk/planning-inspectorate

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/24/3345219 Reasons Refuse Storage 5. The proposed development would include a number of bin store enclosures that would accommodate a mix of bin sizes. The proposed dimensions of the bin stores would be satisfactory and would provide appropriate space to store an adequate number of bins for the proposed development. 6. However, notwithstanding that the appellant highlights that the bin stores would be fitted with 180-degree hinges, there would not be sufficient space to enable future occupants to comfortably or easily manoeuvre the bins in and out of the bin store enclosures when a car is parked in the space nearest to the bin stores. Such an arrangement would be unsatisfactory and would likely lead to bins not being stored within enclosures at certain times. Further, even though I accept this would be an occasional occurrence, given the location of the proposed parking spaces and the bin storage, the proposal would not provide adequate space for the temporary storage of bulky waste materials generated by the proposed development. 7. I therefore conclude that the proposal would not provide adequate, usable and accessible bin storage facilities.

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision Consequently, the proposed development conflicts with Policy DM13 of the Croydon Local Plan 2018 (CLP) which, among other things seeks to ensure that refuse and recycling facilities are easily accessible by occupants. Character and appearance 8. The appeal site is located within the Chatsworth Road Conservation Area (CRCA) an established residential area which contains a significant number of attractive period houses which are predominantly detached and semi-detached properties. The shape and layout of the CRCA derives from the arrangement of roads which run parallel to each other with Chatsworth Road being the spine of the CRCA where period properties are arranged in a linear form which are mainly set back from the road with generous front gardens. 9. Although many have been paved to allow for frontage parking, this arrangement creates a sense of spaciousness which contributes to the character and appearance of the area. The significance of the CRCA derives from its special architectural and historic interest with many properties having consistent architectural features including recessed porches, decorative barge board, decorative window surrounds and two storey bay windows. 10.

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision The appeal property is consistent with the prevailing appearance of properties within the CRCA as it is an attractive period property with many of the characteristic architectural features as well as being set back some distance from the road which creates a sense of spaciousness which positively contributes to the character and appearance of the area. 11. The proposal would not harm the fabric of the appeal property itself. However, the introduction of such an extensive area of bin storage enclosures to the front of the appeal property would diminish the sense of spaciousness and although the proposed materials would be acceptable and the proposal could be softened by appropriate landscaping, this would not adequately ameliorate the harm. That said, the proliferation of bins to the front of properties along the road, including at the https://www.gov.uk/planning-inspectorate 2

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/24/3345219 appeal site undoubtedly detracts from the existing character and appearance of the area and a well-planned and designed bin storage space could help to ameliorate that harm. 12. However, the proposal would result in an increase in the number of bins required to serve the appeal property and as outlined above the proposed bin storage arrangements would be unsatisfactory and would likely lead to bins not being stored within enclosures at certain times. This would exacerbate the existing problem associated with the unattractive proliferation of bins to the front of the appeal property, as the number of bins located to the front of the house would likely increase and this would harm the character and appearance of the area. 13. Consequently, the proposal would neither preserve or conserve the character or appearance of the CRCA. The Framework advises that when considering the impact of development on the significance of designated heritage assets, great weight should be given to their conservation. Given the nature of the proposal, I consider the degree of harm to the significance of the conservation area in this case would be less than substantial. 14.

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision I therefore conclude that the proposal would result in less than substantial harm to this designated heritage asset. As a result, the proposal would conflict with Policies SP4, DM10, DM13 and DM18 of the CLP together with Policies HC1 and D3 of the London Plan March 2021 (the London Plan) which among other things seek to preserve or enhance the significance of heritage assets, promotes high quality design that respects the existing development pattern and layout and seek to ensure that the location and design of refuse and recycling facilities will not be visually intrusive. 15. The Framework sets out that great weight should be given to the designated asset’s conservation and where development would result in less than substantial harm to a designated heritage asset this must be balanced against public benefits which I will undertake later in the decision. Parking Pressure 16. The proposed development provides two parking spaces in front of the appeal property which would be sufficient to serve the proposal.

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision To ensure the proposal would not result in unacceptable parking pressure on the surrounding streets, the Council set out that a legal agreement would be required to prevent future occupants from attaining parking permits. 17. I accept that to prevent parking pressure on the surrounding streets it is necessary to require that future occupants will not be eligible for a resident’s parking permit. However, I do not accept that this can only be secured through the execution of a legal agreement at this stage. Rather, given the scale of the proposal I consider a suitably worded condition would have satisfactorily addressed this matter if in all other respects the proposal was acceptable. Such a condition would have required that arrangements would be made to ensure that no occupants could apply for, obtain or hold an on-street permit. 18. Such a condition would not be at odds with the relevant Planning Practice Guidance as there are exceptional circumstances here as delivery of the development could be at risk without it. Moreover, the Framework indicates that an https://www.gov.uk/planning-inspectorate 3

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision Appeal Decision APP/L5240/W/24/3345219 obligation should only be used where it is not possible to address unacceptable impacts though a planning condition. 19. I therefore conclude that if in all other respects the proposal had been acceptable, a suitably worded condition could have been imposed to ensure that the proposal would not have resulted in unacceptable parking pressure in the area. Consequently, the proposal accords with Policies SP6, DM29 and DM30 of the CLP and Policy T6 of the London Plan which among other things seek to ensure that development promotes the environment and minimises carbon dioxide emissions, promotes sustainable travel and reduces congestion and reduces the impact of carparking which should be restricted in line with levels of existing and future public transport accessibility and connectivity. Other Matters 20. I accept that the proposal would make efficient use of the appeal site and would help to address the pressing need for rental accommodation.

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — Appeal Decision Bearing in mind that the appeal property already provides a residential dwelling suitable for family accommodation, these factors together with the modest economic benefits associated with the proposal during construction and in the longer term to the local economy are afforded limited weight in the determination of the appeal. 21. Other matters such as the fact that the proposal provides suitable accommodation, appropriate cycle storage and there would no harm to the living conditions of neighbouring residents are neutral factors in the determination of the appeal. 22. Overall, the great weight I have afforded to the harm the proposal would have on the CRCA and the fact the proposal would not provide adequate, usable and accessible bin storage facilities clearly outweigh any public or other benefits associated with the proposed development. Conclusion 23. The proposal conflicts with the development plan and the material considerations do not indicate that the appeal should be decided other than in accordance with it. Consequently, the appeal should be dismissed.

11 Chatsworth Road, Croydon, CR0 1HE — London Borough of Croydon — S Rawle INSPECTOR https://www.gov.uk/planning-inspectorate 4