Case 3360567

27 Hillyard Street , London, SW9 0NG

London Borough of Lambeth — appeal dismissed

Outcome
Dismissed
Decision date
21 July 2025
Authority
London Borough of Lambeth
Inspector
Rafiq F
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Other minor developments
Appellant
Mr D Johnson
LPA reference
24/01856/VOC
ONS LPA code
E09000022
Jurisdiction
Transferred
Link status
Not Linked
Start date
26 February 2025

Summary AI

The appeal was dismissed because the condition requiring completion within 3 years is reasonable and necessary to enable the timely delivery of housing. The inspector considered that varying the condition would conflict with the aim of delivering housing more quickly than through the planning application route.

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

PDF text

Page 1 · Chunk 0 by F Rafiq BSc (Hons) MCD MRTPI

27 Hillyard Street , London, SW9 0NG — London Borough of Lambeth — by F Rafiq BSc (Hons) MCD MRTPI an Inspector appointed by the Secretary of State Decision date: 21ST July 2025

Page 1 · Chunk 1 27 Hillyard Street, Lambeth, London SW9 0NG

27 Hillyard Street , London, SW9 0NG — London Borough of Lambeth — 27 Hillyard Street, Lambeth, London SW9 0NG • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission under section 73A of the Town and Country Planning Act 1990 for the development of land carried out without complying with imposed on a grant of prior approval required under Article 3(1) and Schedule 2, Part 20, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Mr D Johnson (Grangewalk Developments Ltd) against the decision of the Council of the London Borough of Lambeth. • The application Ref: 24/01856/VOC. • The application sought planning permission for an application for prior approval for the erection of one addition storey of accommodation above the existing detached blocks of flats to create 2 (1x 1- bedroom, 1x 2-bedroom) self-contained residential units (Use Class C3) without complying with a condition attached to Ref: 20/03590/P20 dated 10 August 2021. • The condition in dispute states that: the development shall be completed within a period of 3 years starting with the date prior approval is granted.

Page 1 · Chunk 2 27 Hillyard Street, Lambeth, London SW9 0NG

27 Hillyard Street , London, SW9 0NG — London Borough of Lambeth — 27 Hillyard Street, Lambeth, London SW9 0NG • The reason given for the condition is: in order to comply with the provisions of paragraph A.2(2) of Class A, Part 20, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended.

Page 1 · Chunk 3 difference is of significance, especially as the subject condition relates to the

27 Hillyard Street , London, SW9 0NG — London Borough of Lambeth — difference is of significance, especially as the subject condition relates to the 1 Pressland v. Hammersmith and Fulham LBC [2016] EWHC 1763 (Admin) 2 APP/K3605/W/24/3338168 https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 difference is of significance, especially as the subject condition relates to the

27 Hillyard Street , London, SW9 0NG — London Borough of Lambeth — difference is of significance, especially as the subject condition relates to the 1 Pressland v. Hammersmith and Fulham LBC [2016] EWHC 1763 (Admin) 2 APP/K3605/W/24/3338168 https://www.gov.uk/planning-inspectorate Appeal Decision APP/N5660/W/25/3360567 completion and not commencement of development. Although the time period for the completion of development has passed, this does not prevent me proceeding to determine this appeal. 4. Although at the time of this referenced Pressland case1, the three-year completion requirement had not been added, and the Council consider this completion period to be fundamental to the prior approval, there is nothing before me that indicates why this condition – unlike others at Paragraph A.2 of Class A, Part 20, Schedule 2 of the GPDO – should be incapable of variation. 5. Whilst not referenced in the refusal notice, the Council has set out that they do not consider it appropriate to extend the timeframe of the subject condition. As such, and for the aforementioned reasons, I consider the main issue in this appeal is whether the condition is reasonable and necessary to enable the timely delivery of housing. Reasons 6.

Page 2 · Chunk 5 difference is of significance, especially as the subject condition relates to the

27 Hillyard Street , London, SW9 0NG — London Borough of Lambeth — difference is of significance, especially as the subject condition relates to the No specific reason is given for the imposition of the condition subject of this appeal, other than to comply with the provisions of paragraph A.2(2) of Class A, Part 20, Schedule 2 of the GPDO but from the evidence before me, the prior approval for new dwellinghouses is to provide a less onerous and quicker route to delivering new housing. This is reflected in the subject condition requiring completion of the development within a three-year period, whereas typically planning permission is granted requiring development to be started within a particular time period. 7. The appellant has not set out any reason why the development was not able to be completed within the three-year timeframe, and why a further time period to 10 August 2027 is required for completion. The variation of the condition would conflict with the aim of delivering housing more quickly than what would have been otherwise possible through the planning application route. 8. I therefore conclude that the condition is reasonable and necessary to enable the timely delivery of housing. Conclusion 9. For the reasons given above, I conclude the appeal should be dismissed.

Page 2 · Chunk 6 F Rafiq

27 Hillyard Street , London, SW9 0NG — London Borough of Lambeth — F Rafiq 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

Planning obligations
Against appellant
¶2

The permission subject of this appeal was granted under the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended, and was subject to a condition that requires the development to be completed within a period of 3 years.

Planning obligations
Against appellant
¶4

The inspector considered that there is nothing before them that indicates why this condition should be incapable of variation.

Planning obligations
Against appellant
¶8

The inspector concluded that the condition is reasonable and necessary to enable the timely delivery of housing.

Policies relied on

Reference Weight
NPPF 208
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 21 July 2025 under the Open Government Licence.