154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ
London Borough of Lambeth — appeal allowed
- Outcome
- Allowed
- Decision date
- 9 June 2025
- Authority
- London Borough of Lambeth
- Inspector
- Skelly C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Other
- Development type
- Other minor developments
- Appellant
- Mr Sami Wasif (Eco Group)
- LPA reference
- 24/01184/VOC
- ONS LPA code
- E09000022
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 27 January 2025
Summary AI
The appeal was allowed as the condition requiring all windows on the northeast elevation of the building block fronting onto Stonhouse Street to be non-opening and permanently fixed shut was deemed unnecessary to protect the living conditions of future occupants. The development was granted permission without compliance with the disputed condition, but with the substitution of others and the restatement of undisputed conditions.
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154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — by C Skelly BA (Hons) MSc MA MRTPI an Inspector appointed by the Secretary of State Decision date: 09 June 2025.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — 154-166 Clapham High Street and 162 Stonhouse Street, London SW4 7UQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 (as amended) for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Mr Sami Wasif against the decision of the Council of the London Borough of Lambeth. • The application Ref is 24/01184/VOC. • The application sought planning permission for retention of ground floor commercial units, part change of use from Use Class A1 (shops) to use Class C3 (residential) on upper floors and part of ground floor (rear part), and alterations including excavation to form a basement to Nos. 156-158 Clapham High Street, the demolition of existing 1-3 storey rear extensions and erection of replacement part 3 part 4 rear and side extensions to provide 28 residential units (Use Class C3) with shared amenity space, landscaping and associated works without complying with a condition attached to planning permission Ref 21/00200/VOC dated 10/11/21.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — 154-166 Clapham High Street and 162 Stonhouse Street, London SW4 7UQ • The condition in dispute is No 19 which states that: Prior to the occupation of any of the new residential units hereby permitted, all windows located on the northeast elevation of building block fronting onto Stonhouse Street shall be non-opening and permanently fixed shut and shall be retained as such for the duration of the development. • The reason given for the condition is: To protect the amenities of adjoining occupiers (Policy Q2 of the Lambeth Local Plan (2021) and Policies D13 and D14 of the London Plan (2021)).
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper https://www.gov.uk/planning-inspectorate
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper https://www.gov.uk/planning-inspectorate Appeal Decision APP/N5660/W/25/3358988 floors and part of ground floor (rear part), and alterations including excavation to form a basement to Nos. 156-158 Clapham High Street, the demolition of existing 1-3 storey rear extensions and erection of replacement part 3 part 4 rear and side extensions to provide 28 residential units (Use Class C3) with shared amenity space, landscaping and associated works under LPA Ref 18/0182/FUL on 27/11/20. This was subject to a condition which required that all windows located on the northeast elevation of the building block fronting onto Stonhouse Street shall be non-opening and permanently fixed shut and shall be retained as such for the duration of the development. 4. A number of applications concerning the conditions of the original permission were subsequently approved, and whilst the substance of the sealed windows condition was retained its number changed. The details contained in the banner heading above relate to planning permission Ref 21/00200/VOC, dated 10/11/2021. 5.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper The appellant is seeking to remove the condition which requires all windows located on the northeast elevation of the building block fronting onto Stonhouse Street to be non-opening and permanently fixed shut and retained as such for the duration of the development. 6. Therefore, the main issue is whether the condition is necessary to protect the living conditions of future occupants with regards to noise and the continued viability of noise generating uses in the surrounding area. Reasons 7. The appeal site is within the primary shopping area of Clapham High Street. There are a range of commercial units at ground floor level with a mix of ancillary retail, office and residential uses above. On the opposite side of Stonhouse Street is the Infernos night club which is licenced to operate until 02.00hrs on Sundays to Thursdays and until 04.00hrs on Fridays and Saturdays. The rest of Stonhouse Street is predominantly residential. 8. Paragraph 200 of the National Planning Policy Framework (the Framework) states that decisions should ensure that new development can be integrated effectively with existing businesses.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper Where the operation of an existing business could have a significant adverse effect on new development in its vicinity, the applicant or ‘agent of change’ should be required to provide suitable mitigation before the development has been completed. 9. The permitted development which is under construction comprises three blocks. Pertinent to this appeal, ‘Block B’ relates to the corner building which is currently being altered to upgrade 3 flats and provide 3 new flats across the extended upper floors. The appeal relates to the windows on the Stonhouse Street elevation of this block which would serve the three new flats. 10. Condition 19 (listed as Condition 20 under the original permission) was imposed in order to ensure acceptable internal noise levels. A further condition No 23 (listed as condition 22 under the original application) also required that a scheme of noise and vibration attenuation measures shall be submitted to and approved in writing by the Local Planning Authority.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper The condition required that as a minimum the scheme shall achieve NR20 (an acceptable noise level especially during night time hours) in all habitable rooms and include the provision of sealed facades together https://www.gov.uk/planning-inspectorate 2
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper The condition required that as a minimum the scheme shall achieve NR20 (an acceptable noise level especially during night time hours) in all habitable rooms and include the provision of sealed facades together https://www.gov.uk/planning-inspectorate 2
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper Appeal Decision APP/N5660/W/25/3358988 with adequate provision for mechanical ventilation (MVHR) and to prevent overheating. 11. As part of the discharge of this condition a Noise and Vibration Impact Assessment1 was submitted. The report concluded that internal noise levels can achieve the requirements of planning condition No 23 utilising the construction elements detailed in Table 7.1 and assuming windows are closed. The construction details included Pilkington Optiphon 10/16/8.8 windows with acoustic laminate and a MVHR system. The report also concluded that the vibration levels should be acceptable without the need for specific mitigation measures. 12. As part of the application, a revised Noise Report was submitted2 (NR). The NR concluded that with the proposed construction materials and window specification the predicted noise levels would be between 28 and 41LAeq(dBA) when windows were closed. Therefore, the amenity of future residents would be adequately protected with regards to noise. As the proposal includes the installation of an alternative means of ventilation it would not be necessary to open the windows when external noise levels increase at nighttime. 13.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper The Planning Practice Guidance (PPG) states that development proposed in the vicinity of existing businesses may need to put suitable mitigation measures in place to avoid those activities having a significant adverse effect on residents of the proposed scheme. It goes onto state that adopting this approach may not prevent all complaints from the new residents/users about noise or other effects, but can help to achieve a satisfactory living or working environment, and help to mitigate the risk of a statutory nuisance being found if the new development is used as designed (for example, keeping windows closed and using alternative ventilation systems when the noise or other effects are occurring). 14. In the case of Mead Realisations Ltd v Secretary of State for Housing, Communities and Local Government [2025] EWCA Civ 3, the Court of Appeal provided guidance about the role and relationship of the Framework and the PPG. It explained that policies in the Framework and guidance in the PPG may be used as an aid to interpretation of each other and is therefore capable of being a material consideration in decision making. 15. The Council maintain that the sealed façade is necessary to prevent future noise complaints.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper Whilst I note that residents may wish to open windows during the nighttime, the installation of the MVHR system provides an alternative solution, should they be disturbed by noise from the night club and other noise sources, which as set out in the PPG can help to mitigate the risk of a statutory nuisance being found. In the absence of any substantive evidence to the contrary I am satisfied that condition 19 is not necessary to protect the living conditions of future occupants with regards to noise and the continued viability of noise generating uses in the surrounding area. 16. The proposal therefore complies with Policies D13 and D14 of the London Plan (2021) and Policy Q2 of the Lambeth Local Plan (2021). Together these policies amongst other things seek to ensure planning decisions reflect the agent of change principle and put in place measures to mitigate and manage any noise 1 Noise and Vibration Impact Assessment – Planning Condition 23 Discharge prepared by Syntegra Consulting dated November 2021 2 Prepared by Syntegra Consulting dated February 2024. https://www.gov.uk/planning-inspectorate 3
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper Appeal Decision APP/N5660/W/25/3358988 impacts for neighbouring residents and ensure adverse impact of noise is reduced to an acceptable level. Conditions 17. By allowing this appeal a new planning permission is granted. The Planning Practice Guidance advises that, for clarity, decision notices for the grant of planning permission under section 73 should restate the conditions imposed on earlier permissions that continue to have effect unless they have already been discharged. The Council has provided a list of draft conditions and reasons given, which reflect subsequent discharges of conditions. I have considered the Council’s suggested conditions and where appropriate amended the wording to more closely align with the PPG. 18. As the development has commenced it has not been necessary to impose a commencement of development condition. I have imposed a condition relating to approved documents for the avoidance of doubt (1). In order to protect the viability of the retail unit, a condition is required relating to approved plans and accessibility of the basement (2). 19.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper To ensure development does not impact on existing underground transport infrastructure a condition is required for the proposal to be carried out in accordance with the approved scheme of measures (3). In order to secure appropriate access, a condition is required in relation to compliance with building regulations (25). To avoid the obstruction of surrounding streets and ensure travel arrangements to the site are appropriate, conditions are required in relation to a Delivery and Servicing Plan and Travel Plan (34 and 35). 20. In order to avoid hazard in relation to air quality, land stability and increased flood risk, conditions are required to ensure development is carried out in accordance with approved scheme of measures (4,5, 6 and 7). To manage the risks of flooding and surface water, conditions are required to ensure development is carried out in accordance with approved plans (16 and 17). 21. In order to safeguard residential amenity, conditions are required in relation to piling and contamination (8, 9 and 10). To safeguard residential amenities and good design, conditions are required in relation to materials and approved details (11, 12, 13 and 44).
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper To protect the living conditions of adjoining occupiers in relation to noise and disturbance, conditions are required in relation to approved noise attenuation schemes and assessment and details of external plant (18, 19, 20, 21, 22 and 42). To protect the living conditions of adjoining occupiers in relation to disturbance, a lighting scheme and compliance conditions are required (23 and 24). To protect the amenities of adjoining occupiers, a condition is required in relation to windows to be fixed shut (43). 22. To ensure a satisfactory landscaping scheme, conditions are required in relation to landscaping (14 and 15). In order to ensure appropriate provision of children’s play space, a condition is required in relation to play space provision (26). 23. To ensure the development has an acceptable level of sustainability, conditions are necessary for the submission and approval of a Design Stage BREEAM Refurbishment and Fit-out certificate, requirements to be carried out and retained in accordance with the approved Design SAP and SBEM calculations (27, 28, 29 and 30). In order to minimise consumption of water, a condition is required (31). https://www.gov.uk/planning-inspectorate 4
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — change of use from Use Class A1 (shops) to use Class C3 (residential) on upper Appeal Decision APP/N5660/W/25/3358988 24. To ensure adequate cycle parking, conditions are required (32 and 33). To ensure suitable provision for the sustainable management of waste, conditions are required in relation to waste storage (36 and 37). 25. In order to ensure the development maintains community safety, conditions are required for the incorporation of security measures, construction and operation of Secured by Design Standards and installation of CCTV (38, 39 and 40). To provide a safe and secure development, a condition is required for the submission of a Fire Statement (41). Conclusion 26. For the reasons given above I conclude that the appeal should succeed. I will grant a new planning permission without the disputed conditions but substituting others and restating those undisputed conditions that are still subsisting and capable of taking effect.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly INSPECTOR SCHEDULE OF CONDITIONS 1) The development hereby permitted shall be carried out in accordance with drawing documents: Air Quality Assessment, dated September 2018;Delivery and Servicing Plan, dated August 2019; AFH Appraisal 2018 Addendum; AFH Argus Appraisal; BNPP AH Assessment, dated August 2020; Proposed Scheme Cost Plan; Colliers Valuation, dated 29/06/16; A300 B; A303 A;A306 A; A310 C; A320 B; A330 B; A340 A; A401 A; A350 A; A510 A; A530 A; A540 A; P-02; P-05; (40) 652; 06-967-301 B; 204301; 204201; 204104; SK-102; Courtyard View; Daylight and Sunlight Report, dated 04/01/2021; Covering Letter, dated 16/01/2021; Plant Noise Assessment, dated January 2021; Design and Access Statement, dated January 2021; BNPP AH Assessment, dated August 2018; BRUKL Output Document; Block Compliance Worksheets; Regulations Compliance Report.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly 723-2-1.001 B; 723-2-1.010 B; 723-2-1.011 B; 723-2-1.012 B; 723-2-1.013 C; 723-2-1.014 A; 723-2-1.015 A; 723-2-1.016 A; 723-2-1.017 A; 723-2-1.018 A; 723-2-1.019 A; 723-2-1.020;B;723-2-1.021 B; 723-2-1.022 B; 723- 2-1.023 A;723-2- 1.024 A; 723-2-1.025 A; 723-2-1.026 A; 723-2-1.027 A; 723-2-1.028 A; 723-2-1.029 A; Acoustic Assessment Report1) (Rev B); 4106 SK001 (markup); Response to Design Officer's Comments, dated June 2018; Servicing Activity; Survey Note, dated November 2019. 2) Prior to the occupation of any proposed residential unit, the basement shown on drawing number 'A300 B' shall be fully constructed as proposed and made accessible and available for use to the commercial unit at Nos. 154-156 Stonhouse Street. The basement shall be retained for the duration of the development. https://www.gov.uk/planning-inspectorate 5
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Appeal Decision APP/N5660/W/25/3358988 3) The development hereby approved shall be carried out and retained in accordance with approved plan 'A300 B' of this decision notice and the scheme of measures in relation to Condition 4 approved under planning ref 20/02189/DET unless otherwise approved. 4) The development hereby approved shall be carried out and retained in accordance with the scheme of measures approved under planning ref 20/02189/DET unless otherwise approved. 5) The development hereby approved shall be carried out and retained in accordance with the scheme of measures approved in the Air Quality and Dust Management Plan dated 07/08/2020 under planning ref 20/02189/DET unless otherwise approved. 6) If Non Road Mobile Machinery (NRMM) of net power of 37kW and up to and including 560kW is required on site during the course of demolition, site preparation and construction phases, it must comply with the emission standards set out in chapter 7 of the GLA's supplementary planning guidance "Control of Dust and Emissions During Construction and Demolition" dated July 2014 (SPG), or subsequent guidance.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Unless it complies with the standards set out in the SPG, no NRMM shall be on site, at any time, whether in use or not, without the prior written consent of the local planning authority. The developer must register all NRMM at https://nrmm.london/user-nrmm/register prior to bringing it on to site and shall keep the register up to date by listing all NRMM used during the demolition, site preparation and construction phases of the development. 7) The development hereby approved shall be carried out and retained in accordance with the scheme of measures approved in the Construction Environmental Management Plan dated 17/07/2020 under planning ref 20/02189/DET unless otherwise approved. 8) No piling shall take place until a Piling Method Statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, and the programme for the works) has been submitted to and approved in writing by the local planning authority in consultation with Thames Water. Any piling must be undertaken in accordance with the terms of the approved piling method statement.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly 9) a) The development hereby approved shall be carried out and retained in accordance with the scheme of measures approved under planning ref 20/02189/DET unless otherwise approved. All confirmed or suspected asbestos containing materials shall be removed. b) A verification report prepared by a competent person which confirms all asbestos or suspected asbestos containing materials have been removed shall be submitted to and approved in writing by the Local Planning Authority prior to first occupation of the development. 10) If, during development, contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the Local Planning Authority) shall be carried out until the developer has submitted and obtained written approval from the Local Planning Authority for, a remediation strategy detailing how this unsuspected https://www.gov.uk/planning-inspectorate 6
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Appeal Decision APP/N5660/W/25/3358988 contamination shall be dealt with. The remediation strategy shall be implemented as approved, verified and reported to the reasonable satisfaction of the Local Planning Authority. 11) All new works and works of making good to the retained fabric shall be finished to match the adjacent work with regards to the methods used and to material, colour, texture and profile, unless the prior written approval of the local planning authority is obtained to any variation, or except where otherwise stated on the approved drawings. 12) Prior to the commencement of non-demolition development and notwithstanding the details shown on the drawings hereby approved, detailed construction drawings of all external elevations (at scale 1:10) including the following items shall be submitted to and approved in writing by the Local Planning Authority. A brick sample will be provided for inspection by LBL officers on site. The development shall not be carried out other than in accordance with the approved details unless otherwise agreed in writing by the Local Planning Authority. a. Detailed elevations; b. A schedule of materials detailing all external materials and any RAL colour where relevant; c.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Details of windows (including technical details, opening methods, elevations, reveal depths, plans and cross sections); d. Details of entrances, canopies and doors (including technical details, elevations, surrounds, reveal depths, letter boxes, plans and sections); e. Details of shop front (including integrated security measures; inclusion of property number) f. Details of roof treatments, cills and parapets; g. Details of rainwater goods (including locations and fixings); h. Details of boundary treatments including external walls, and internal and external fences and gates; i. Details of hard landscaping; j. Details of external furniture, lighting and ramps; k. Revised proposed third floor plan and demolition third floor plan; l. Details of the raked railings at third and fourth floor m. Detailed drawings (including sections and RAL colour) of balustrades and the perforated aluminium wall within the courtyard. 13) No plumbing or pipes, other than rainwater pipes, shall be fixed to the external faces of the building unless the prior written approval of the local planning authority is obtained to any variation, or except where otherwise stated on the approved drawings.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly 14) Prior to commencement of above ground building works, a specification of all proposed soft landscaping and tree planting shall be submitted to and approved in writing by the Local Planning Authority. The scheme of soft landscaping shall include details of the quantity, size, species, position and the proposed time of planting of all trees and shrubs to be planted, together with an indication of how they integrate with the proposal in the long term with regard to their mature size and anticipated routine maintenance and protection. In addition all shrubs and hedges to be planted that are intended to achieve a significant size and presence in the landscape shall be similarly specified. All tree, shrub and hedge planting included within the above https://www.gov.uk/planning-inspectorate 7
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Appeal Decision APP/N5660/W/25/3358988 specification shall accord with BS3936:1992, BS4043:1989 and BS8545:2015 and current Arboricultural best practice. The submitted details must demonstrate to the satisfaction of the Local Planning Authority that planting to the boundary will not be to the detriment of vehicular visibility splays when exiting the site. 15) All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding season following the occupation of the development hereby permitted or the substantial completion of the development, whichever is the sooner. Any trees, hedgerows or shrubs forming part of the approved landscaping scheme which within a period of five years from the occupation or substantial completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly 16) The development hereby approved shall be carried out and retained in accordance with the surface water management system dated 25/05/2022 under planning ref 21/04549/DET unless otherwise approved. 17) The development hereby approved shall be carried out and retained in accordance with the scheme of measures approved in the surface water drainage dated 25/05/2022 under planning ref 21/04549/DET unless otherwise approved. 18) Notwithstanding the submitted plans and prior to the occupation of the residential units within the front block of the development hereby permitted, details of privacy protection measures to the internal windows of Unit Nos. 11, 12, 13, 14, 15, 21, 22, 23, 24, 25 shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with these details and maintained as such for the duration of the use. 19) The development hereby approved shall be carried out and retained in accordance with the acoustic impact assessment and a scheme of attenuation measures dated 25/05/2022 under planning ref 21/04549/DET.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly A post installation noise assessment shall be carried out where required to confirm compliance with the noise criteria and additional steps to mitigate noise shall be taken, as necessary. The details as approved shall be implemented prior to occupation of the development and thereafter be permanently retained. 20) The development hereby approved shall be carried out and retained in accordance with the internal and external plant equipment and trunking dated 20/01/2023 under planning ref 21/04704/DET unless otherwise approved. 21) The development hereby approved shall be carried out and retained in accordance with the scheme of noise and vibration attenuation measures dated 25/05/2022 under planning ref 21/04549/DET unless otherwise approved. 22) Prior to occupation of any of the new residential units hereby permitted, a post installation noise assessment shall be carried out in each new residential unit to confirm the noise and vibration attenuation scheme has met the noise target for both day and nighttime periods. Any additional steps https://www.gov.uk/planning-inspectorate 8
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Appeal Decision APP/N5660/W/25/3358988 required to mitigate noise shall be detailed and implemented, as necessary. The post installation noise assessment shall be submitted to and approved in writing by the local planning authority. The details as approved shall thereafter be permanently retained. 23) Prior to occupation of any of the new residential units hereby permitted, a lighting scheme must be submitted for the approval of the Local Planning Authority in accordance with the Institute of Lighting Professional's Guidance notes for the reduction of obstructive light. The scheme must be designed by a suitably qualified person in accordance with the recommendations for environmental zone E3 in the ILP document "Guidance Notes for the Reduction of Obtrusive Light GN01:2011. 24) Before commencement of operation of the approved lighting scheme the applicant shall appoint a suitably qualified member of the institute of lighting professionals (ILP) to validate that the lighting scheme as installed conforms to the recommendations for environmental zone E3 in the ILP document "Guidance Notes for the Reduction of Obtrusive Light GN01:2011.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly 25) The residential units hereby permitted shall be constructed to comply with the Building Regulations Parts as displayed below: a. M4(3); Units 7, 9 and 10. b. M4(2): 1, 2, 3, 4, 5, 6, 8, 17, 27, 28 Any communal areas and accesses serving the M4(3) compliant Wheelchair User Dwellings should also comply with Part M4(3). Any communal areas and accesses serving the M4(2) compliant Wheelchair Adaptable Dwellings should also comply with Part M4(2). All other residential units, communal areas and accesses hereby permitted shall be constructed to comply with Part M4(1) of the Building Regulations. 26) Notwithstanding any details shown on the approved plans, no new residential unit hereby permitted shall be occupied until full details of the on-site children's play space provision has been submitted to and approved in writing by the Local Planning Authority and the development has been implemented in accordance with the approved details.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly 27) Within three months of work starting onsite, a Design Stage BREEAM Refurbishment & Fit-out certificate and summary score sheet should be submitted to and approved in writing by the Local Planning Authority demonstrating that a rating of 'Excellent' can be achieved unless it is demonstrated that it is not technically feasible or viable to do so, in which case the development should demonstrate a 'Very Good' rating with a minimum score of 63 per cent. 28) Prior to first occupation of the development a Post Construction BREEAM Refurbishment & Fit-out certificate and summary score sheet should be submitted to and approved in writing by the Local Planning Authority demonstrating that a rating of 'Excellent' has been achieved unless it is demonstrated that it is not technically feasible or viable to do so, in which case the development should demonstrate a 'Very Good' rating with a minimum score of 63 per cent. 29) The development hereby approved shall be carried out and retained in accordance with the Design Stage SAP and SBEM calculations approved dated 26/01/2023 under planning ref 22/04259/DET unless otherwise approved. https://www.gov.uk/planning-inspectorate 9
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Appeal Decision APP/N5660/W/25/3358988 30) Prior to first occupation of the development As Built SAP and SBEM calculations as an output of the National Calculation Method should be submitted to and approved in writing by the Local Planning Authority demonstrating that the commercial development has achieved a 35% reduction in carbon emissions over that required by Part L of the Building Regulations 2013. 31) The residential units hereby approved shall be designed to ensure that the internal water consumption does not exceed a maximum of 105 litres per person per day. 32) Prior to the occupation of any of the new residential units hereby permitted, details of the provision to be made for the residential cycle parking shall be submitted to and approved in writing by the Local Planning Authority. The cycle parking shall thereafter be implemented in full in accordance with the approved details before the use hereby permitted commences and shall thereafter be retained solely for its designated use. 33) Notwithstanding the plans hereby approved and prior to the use of the commercial unit at Nos.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly 154-156 Clapham High Street following any development to that unit hereby permitted, details of the provision to be made for the commercial cycle parking shall be submitted to and approved in writing by the Local Planning Authority. This must include details of access doors to be operated by automatic push-button and how cycles will be accessed when the lift is not operational. The cycle parking shall thereafter be implemented in full in accordance with the approved details before the use hereby permitted commences and shall thereafter be retained solely for the hereby permitted residential use. 34) Prior to the commencement of above ground development hereby permitted, a Delivery and Servicing plan relating to the residential and commercial units within the application site shall be submitted to and approved in writing by the local planning authority. The use hereby permitted shall thereafter be operated in accordance with the approved details. 35) Prior to the first occupation of the development, a Travel Plan for the residential use of the development shall be submitted to and approved in writing by the Local Planning Authority.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly The measures approved in the Travel Plan shall be implemented prior to the use commencing and shall be so maintained for the duration of the use, unless the prior written approval of the Local Planning Authority is obtained to any variation. 36) Prior to the first occupation of any of the new residential units hereby permitted, details of waste and recycling storage (including how the bins will be moved from the stores to the collection points on collection day and how bins will be returned after collection) for the residential development shall be submitted to and approved in writing by the local planning authority. The waste and recycling storage shall be provided in accordance with the approved details prior to the first occupation of the dwellings hereby permitted, and shall thereafter be retained solely for its designated use. The waste and recycling storage areas/facilities should comply with the Lambeth's Refuse & Recycling Storage Design Guide (2013), unless it is demonstrated in the submissions that such provision is inappropriate for this specific development. https://www.gov.uk/planning-inspectorate 10
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Appeal Decision APP/N5660/W/25/3358988 37) Prior to the use of the commercial unit at Nos. 154-156 Clapham High Street following any development to that unit hereby permitted, details of commercial waste and recycling storage for the unit (including how the bins will be moved from the stores to the collection points on collection day and how bins will be returned after collection) shall be submitted to and approved in writing by the local planning authority. The waste and recycling storage shall be provided in accordance with the approved details prior to the commencement of the use hereby permitted, and shall thereafter be retained solely for its designated use. The waste and recycling storage areas/facilities should comply with the Lambeth's Refuse & Recycling Storage Design Guide (2013), unless it is demonstrated in the submissions that such provision is inappropriate for this specific development. 38) The development hereby permitted shall incorporate security measures to minimise the risk of crime and to meet the specific security needs of the development in accordance with the principles and objectives of Secured by Design.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Details of these measures shall be submitted to and approved in writing by the local planning authority prior to commencement of the development and shall be implemented in accordance with the approved details prior to occupation. 39) The development shall be constructed and operated thereafter to 'Secured by Design Standards'. A certificate of accreditation to Secured by Design Standards shall be submitted to the local planning authority for approval in writing prior to the residential occupation of the development. 40) Prior to the occupation of the residential development hereby permitted, a Crime Prevention Strategy Plan shall be submitted to and approved in writing by the Local Planning Authority. The use hereby permitted shall thereafter be operated in accordance with the approved details. The submitted details will include the following: a. Location and management of all CCTV cameras; b. How the operation and management of the facilities will reduce the risks of crime and enhance community safety 41) No above ground new development shall commence in a Phase until a Fire Statement for the relevant Phase has been submitted to and approved in writing by the Local Planning Authority.
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly The Fire Statement shall be produced by an independent third party suitably qualified assessor which shall detail the building's construction, methods, products and materials used; the means of escape for all building users including those who are disabled or require level access together with the associated management plan; access for fire service personnel and equipment; ongoing maintenance and monitoring and how provision will be made within the site to enable fire appliances to gain access to the building. The relevant Phase of the development shall be carried out in accordance with the approved details. 42) Prior to the occupation of the retail units, full details of any internal and external plant equipment associated with the commercial use and their on- going maintenance and an implementation scheme shall be submitted to and approved in writing by the Local Planning Authority. All flues, ducting and other equipment shall be installed in accordance with the approved details and shall thereafter be maintained in accordance with the manufacturer's instructions and approved on-going maintenance plan. https://www.gov.uk/planning-inspectorate 11
154-166 Clapham High Street And 162 Stonhouse Street, London, SW4 7UQ — London Borough of Lambeth — C Skelly Appeal Decision APP/N5660/W/25/3358988 43) The windows proposed on the first and second floor on the flank elevation of Unit C-20 and C-10 shall be obscured glazed and fixed shut. 44) No above ground development shall commence until full details of the single leaf door side front door of the stair core facing Stonehouse Street has been submitted to and approved in writing by the Local Planning Authority. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 12
Main issues and findings
Heritage impact Against appellant ¶8
The permitted development which is under construction comprises three blocks. Pertinent to this appeal, 'Block B' relates to the corner building which is currently being altered to upgrade 3 flats and provide 3 new flats across the extended upper floors. The appeal relates to the windows on the Stonhouse Street elevation of this block which would serve the three new flats.
Living conditions Against appellant ¶10
Condition 19 was imposed in order to ensure acceptable internal noise levels. A further condition No 23 also required that a scheme of noise and vibration attenuation measures shall be submitted to and approved in writing by the Local Planning Authority.
Other For appellant ¶11
The Noise and Vibration Impact Assessment concluded that internal noise levels can achieve the requirements of planning condition No 23 utilising the construction elements detailed in Table 7.1 and assuming windows are closed.
Other For appellant ¶12
The revised Noise Report concluded that with the proposed construction materials and window specification the predicted noise levels would be between 28 and 41LAeq(dBA) when windows were closed.
Other For appellant ¶13
The Planning Practice Guidance states that development proposed in the vicinity of existing businesses may need to put suitable mitigation measures in place to avoid those activities having a significant adverse effect on residents of the proposed scheme.
Other For appellant ¶15
The Court of Appeal provided guidance about the role and relationship of the Framework and the PPG, which can be used as an aid to interpretation of each other and is therefore capable of being a material consideration in decision making.
Other For appellant ¶16
The Council maintain that the sealed façade is necessary to prevent future noise complaints, but the installation of the MVHR system provides an alternative solution.
Policies relied on
| Reference | Weight |
|---|---|
| Policy Q2 of the Lambeth Local Plan (2021) and Policies D13 and D14 of the London Plan (2021) |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 12 pages, issued by the Planning Inspectorate on 9 June 2025 under the Open Government Licence.