Case 3361646

49 Abbotswood Road, London, SW16 1AJ

London Borough of Lambeth — appeal dismissed

Outcome
Dismissed
Decision date
21 July 2025
Authority
London Borough of Lambeth
Inspector
Cresswell C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Other
Development type
Major dwellings
Appellant
Earlswood Homes (Thames Region)
LPA reference
24/03006/VOC
ONS LPA code
E09000022
Jurisdiction
Transferred
Link status
Not Linked
Start date
11 April 2025

Summary AI

The appeal for redevelopment of the existing residential site was dismissed due to concerns about highway and pedestrian activity. The proposal would have an unacceptable effect on the area, conflicting with policies that prioritize pedestrian movements over vehicle use. Although the proposal would be acceptable in terms of urban greening and character and appearance, this was not enough to outweigh the policy conflict.

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

PDF text

Page 1 · Chunk 0 by Colin Cresswell BSc (Hons) MA, MBA, MRTPI

49 Abbotswood Road, London, SW16 1AJ — London Borough of Lambeth — by Colin Cresswell BSc (Hons) MA, MBA, MRTPI an Inspector appointed by the Secretary of State Decision date: 21 July 2025

Page 1 · Chunk 1 49 Abbotswood Road, Lambeth, London, SW16 1AJ

49 Abbotswood Road, London, SW16 1AJ — London Borough of Lambeth — 49 Abbotswood Road, Lambeth, London, SW16 1AJ • 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 Christopher Gwilliam (Earlswood Homes Thames Region Ltd) against the decision of the Council of the London Borough of Lambeth. • The application Ref is 24/03006/VOC. • The application sought planning permission for redevelopment of the existing residential site involving demolition of the existing buildings and the erection of 14 new dwellings without complying with a condition attached to planning permission Ref 23/01835/FUL, dated 29 May 2024. • The condition in dispute is No 2 which states that: The development hereby permitted shall be carried out in accordance with the approved drawings listed in this decision notice, other than where those details are altered pursuant to the requirements of the conditions of this planning permission. • The reason given for the condition is: For the avoidance of doubt and in the interests of proper planning.

Page 1 · Chunk 2 This part of the street, including the pavement, is likely to be busy at times as there

49 Abbotswood Road, London, SW16 1AJ — London Borough of Lambeth — This part of the street, including the pavement, is likely to be busy at times as there https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 This part of the street, including the pavement, is likely to be busy at times as there

49 Abbotswood Road, London, SW16 1AJ — London Borough of Lambeth — This part of the street, including the pavement, is likely to be busy at times as there https://www.gov.uk/planning-inspectorate Appeal Decision APP/N5660/W/25/3361646 is a school on the other side of Abbotswood Wood. Indeed, the site is opposite one of the access gates where road markings say ‘school keep clear’. 5. Despite the proximity of the school, the proposal would be unlikely to increase the chance of accidents taking place. Many of the houses in Abbotswood Road already have off-road parking and it seems to me that drivers and pedestrians would be naturally alert to conditions in the street. While the parking spaces would be near the junction with Hoadly Road, oncoming traffic would have enough time to anticipate any vehicles entering or leaving the site. 6. That said, the proposed parking spaces would be closer to the school than others in Abbotswood Road and would increase the intensity of vehicular activity in this part of the street. There would inevitably be times when pedestrians would need to stop for cars to reverse in or out of the proposed parking spaces, or have to wait to cross the road to reach the school. While this is an existing characteristic of Abbotswood Road, especially during busy times of day, the proposal would further re-enforce the priority of vehicles over pedestrians.

Page 2 · Chunk 4 This part of the street, including the pavement, is likely to be busy at times as there

49 Abbotswood Road, London, SW16 1AJ — London Borough of Lambeth — This part of the street, including the pavement, is likely to be busy at times as there Given the close proximity of the school, this is likely to be especially noticeable. Consequently, the proposal would conflict with Policy T1 of the Local Plan1, which seeks to give priority to the movement of pedestrians over private cars. 7. In addition, the Deed of Variation I have been provided with is unsigned and so is not legally binding. As such, I cannot be certain that a mechanism exists to ensure that the other proposed dwellings remain car free. While this is not determinative in my overall decision, it adds weight to my view that the proposal would be in conflict with policies which seek to promote walking over driving. These include Policy T6 of the Local Plan and Policies T1 and T6 of the London Plan2. 8. I therefore conclude on this issue that the proposal would have an unacceptable effect on highway and pedestrian activity in the vicinity of the site. Urban greening 9. Policy G5 of the London Plan says that major development should contribute to the greening of London. It recommends that new residential schemes should achieve an Urban Greening Factor score of at least 0.4. 10.

Page 2 · Chunk 5 This part of the street, including the pavement, is likely to be busy at times as there

49 Abbotswood Road, London, SW16 1AJ — London Borough of Lambeth — This part of the street, including the pavement, is likely to be busy at times as there Considering that the appeal proposal is to build two parking spaces in an area originally earmarked for green space, it would be reasonable to assume that the Urban Greening Factor Score would decrease as a result of the revised plans. However, the Council say that the original planning permission demonstrated a score of 0.407, whereas the appellant has submitted a report which says that the newly revised proposal has a score of 0.42. This raises some uncertainties and I do not find the evidence in relation to this matter entirely conclusive. 11. Nonetheless, on the basis that the appellant has provided a full methodology in the form of a consultant’s report, I accept that the requirements of Policy G5 of the London Plan are met. There would be no conflict with Local Plan Policy EN1 with regard to this matter as it reflects the London Plan. 12. I therefore conclude on this issue that the proposal would have an acceptable effect on urban greening. 1 Lambeth Local Plan 2020–2035 2 The London Plan, March 2021 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 This part of the street, including the pavement, is likely to be busy at times as there

49 Abbotswood Road, London, SW16 1AJ — London Borough of Lambeth — This part of the street, including the pavement, is likely to be busy at times as there Appeal Decision APP/N5660/W/25/3361646 Character and appearance 13. The street scene immediately outside the site in Abbotswood Road is relatively green and open for an inner-city environment. Apart from the school playing field across the road, many of the houses in the street have small front gardens. Lawns, trees and bushes are common features here. 14. The proposed development was designed to enhance the amount of greenery on a visually prominent street corner. It is clear that the proposed parking areas would reduce the amount of vegetation visible from Abbotswood Road compared to the original scheme. More hard surfacing would also be seen from the pavement. However, the changes would only affect a small part of the frontage. In the context of the wider street scene, it seems to me the parking spaces would be relatively minor features. The visual qualities of the area would be maintained. 15. I therefore conclude on this issue that the proposal would have an acceptable effect on the character and appearance of the area. There would be no conflict with Policies Q5, Q6, Q7, Q9 and Q14 of the Local Plan. In different ways, these seek appropriate standards of design. Conclusion 16.

Page 3 · Chunk 7 This part of the street, including the pavement, is likely to be busy at times as there

49 Abbotswood Road, London, SW16 1AJ — London Borough of Lambeth — This part of the street, including the pavement, is likely to be busy at times as there Although the proposal would be acceptable in terms of urban greening and also in terms of character and appearance, it would conflict with policies which promote pedestrian movements over vehicle use. The proposal would therefore conflict with the development plan as a whole. I am not aware of benefits that would outweigh this policy conflict. Consequently, the appeal is dismissed.

Page 3 · Chunk 8 C Cresswell

49 Abbotswood Road, London, SW16 1AJ — London Borough of Lambeth — C Cresswell INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Highway safety
Against appellant
¶4

The proposal would increase the intensity of vehicular activity in the street, further re-enforcing the priority of vehicles over pedestrians, and conflict with Policy T1 of the Local Plan.

Other
For appellant
¶11

The requirements of Policy G5 of the London Plan are met, and there would be no conflict with Local Plan Policy EN1.

Character and appearance
For appellant
¶15

The proposed parking areas would be relatively minor features, and the visual qualities of the area would be maintained.

Policies relied on

Reference Weight
Policy T1 of the Local Plan
Determinative
Policy T6 of the Local Plan
Substantial
Policies T1 and T6 of the London Plan
Moderate
Policy G5 of the London Plan
Moderate
Local Plan Policy EN1
Limited
Policies Q5, Q6, Q7, Q9 and Q14 of the Local Plan
Limited

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 21 July 2025 under the Open Government Licence.