Case 3370761

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR

London Borough of Lambeth — appeal allowed

Outcome
Allowed
Decision date
23 January 2026
Authority
London Borough of Lambeth
Inspector
Major P
Procedure
Hearing
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Major dwellings
Appellant
Hornstar Limited
LPA reference
23/04056/FUL
ONS LPA code
E09000022
Jurisdiction
Transferred
Link status
Not Linked
Start date
10 November 2025

Summary AI

The appeal for a new 6-storey apartment building at Petrol Station, 212 Kennington Road, London SE11 6PR was allowed. The inspector considered that the development would not harm the adjacent protected trees and that the benefits of the development outweighed the potential harm. The development was granted planning permission subject to various conditions.

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

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Page 1 · Chunk 0 Appeal Decision

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision Hearing held on 6 January 2026 Site visit made on 6 January 2026 by Philip Major BA(Hons) DipTP MRTPI an Inspector appointed by the Secretary of State for Housing Communities and Local Government Decision date: 23 January 2026 Appeal Ref: APP/N5660/W/25/3370761 Petrol Station, 212 Kennington Road, LONDON, SE11 6PR • 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 Hornstar Limited against the decision of the Council of the London Borough of Lambeth. • The application Ref is 23/04056/FUL. • The development proposed is the demolition of the existing buildings and the construction of a new 6-storey apartment building to deliver 14No residential units with private and communal gardens proposed at ground floor level. Decision 1.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision The appeal is allowed and planning permission is granted for the demolition of the existing buildings and the construction of a new 6-storey apartment building to deliver 14No residential units with private and communal gardens at ground floor level at Petrol Station, 212 Kennington Road, LONDON, SE11 6PR in accordance with the terms of the application, Ref 23/04056/FUL, subject to the conditions in the attached schedule. Preliminary Matters 2. The appeal site is located on the western side of Kennington Road. This highway includes an impressive avenue of london plane trees, 3 of which are adjacent to, but just outside, the site. The main trunks of the trees are located in the footway alongside Kennington Road. The trees, identified as T1, T2 and T3 are protected by a tree preservation order (TPO) made in June 2024. 3. There is no dispute that the provision of housing is a significant element in favour of this proposal given the imperative to provide more housing in London (and elsewhere).

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision There is also no dispute that the Council is unable to demonstrate a 5 year supply of deliverable housing land and that the ‘tilted’ balance resulting from the advice of paragraph 11d) of the National Planning Policy Framework is engaged. Main Issue 4. The main issue in the appeal is whether the proposed development would be likely to unacceptably affect the health of the adjacent protected trees. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision There is also no dispute that the Council is unable to demonstrate a 5 year supply of deliverable housing land and that the ‘tilted’ balance resulting from the advice of paragraph 11d) of the National Planning Policy Framework is engaged. Main Issue 4. The main issue in the appeal is whether the proposed development would be likely to unacceptably affect the health of the adjacent protected trees. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision Appeal Decision APP/N5660/W/25/3370761 Reasons 5. There are 2 main concerns identified by the Council. These relate to the possibility of underground disturbance causing harm to the trees, and the possibility of above ground harm. Underground 6. The existing use at the appeal site is that of a petrol fuel station (PFS). Clearly any development on what is a small site would require the demolition of existing structures and removal of fuel storage tanks. The storage tanks are underground below the forecourt of the PFS. 7. It is common ground that the trees in question are unlikely to have any significant roots below Kennington Road itself, but there is a lack of certainty about the likelihood of roots being present in the forecourt area of the PFS. Some investigation has been carried out, but of necessity it was restricted in area. However, that investigation did not find evidence of significant tree roots within the area covered by the forecourt. The case for the Appellant is that rooting in this area would be limited because of the inhospitable ground conditions and barriers created around the underground tanks. That seems entirely reasonable to me, and is supported by the limited evidence available. 8.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision It therefore seems more likely than not that the root zone of these trees would be concentrated principally below the footway to Kennington Road, with much less root intrusion to east and west. I prefer the evidence of the Appellant that the root protection area is likely to be more rectangular than circular. That is not to say that no roots would be found below the forecourt; evidence is that there would be some, but of minor importance. 9. The question, then, is what harm would be likely to be caused by the removal of underground tanks, concrete surrounds, canopy foundations, and other below ground infrastructure associated with the PFS. Based on the likelihood of the main rooting area being under or close to the footway, it follows that with a carefully planned and implemented scheme to remove underground features that scheme would be capable of avoiding material harm to tree roots, thus avoiding damage to the health of the trees. It is possible to impose a condition requiring a fully detailed method statement to minimise any potential harm. Overground 10. The canopies of the trees are significant, but it is not disputed that the canopy of T3 would not require pruning or lopping to enable the development to proceed.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision T1 and T2 have been identified for some crown pruning to allow access for the construction. There is no agreement about the extent of the pruning necessary. 11. The extensive information supplied by the Appellant identifies a modest area of pruning of a maximum of some 2 to 3 metres in selected parts of T1 and T2. The Council is of the opinion that the cutting back would need to extend to 5 metres or more. The Council is also concerned that there could be potential damage to the canopies from the use of a crane on site. 12. Given what I was told at the hearing in relation to the sophisticated mechanisms built into modern craneage which is designed to avoid collisions I am reassured that damage from the use of a crane would be unlikely. However, construction of https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 7 Appeal Decision

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision Appeal Decision APP/N5660/W/25/3370761 the proposed block would involve the use of other access structures. But it seems to me that a distance of 2 to 3 metres from the walls of the proposed building would be likely to be enough, given careful working procedures, to avoid damage to the canopies. 13. In relation to both underground and above ground works I am therefore satisfied that with sensitive working practices, together with adequate protection during demolition and construction, it would be possible to avoid material harm to the trees, thus preserving their presence and health for the longer term. 14. One other matter here is the possibility of future occupants of the block bringing pressure to bear for future pruning of the trees, in order to avoid potential allergic reactions and any concerns about leaf fall. But there are many situations where trees exist successfully in close proximity to buildings without undue problems. In this case those moving into the block would no doubt be made aware of the protected nature of the trees. As such pruning could not be assumed to be acceptable, and in any case the Council would retain control over such matters. Hence this is not a point which weighs against the proposal.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision 15. Taking this matter in the round, I am satisfied that with adequate protections in place (which can be ensured by condition(s)) the health of these 3 protected trees would be unlikely to be unacceptably harmed. As such I find no conflict with the provision of Lambeth Local Plan Policy Q10, or London Plan Policy G71, both of which seek to avoid harm to, or loss of, significant trees. Other Matters 16. The design of the proposed development has been criticised by some as being too high and bulky in this location. On the other hand there have been some supportive comments from local residents. This is an urban area where tall buildings to the western side of Kennington Road are not unusual. The proposed building seems to me to successfully address its context by being of similar height to other buildings along this part of the road. It would also introduce a well articulated building which would add some interest to the streetscape. It would surely be an improvement on the utilitarian PFS which currently occupies the land. 17. There have also been some criticisms of the proposal in relation to the impact on the privacy of neighbouring occupiers, as well as the potential to block sunlight and daylight.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision These matters have been thoroughly examined and, although some impact would be inevitable, I agree that the effects would not be so severe that the proposal should be refused for these reasons. I bear in mind here that this is a high density urban area where some impairment of privacy and light is a common feature of everyday life. 18. These other matters raised do not alter my consideration or conclusions on the scheme as a whole. Conditions and Obligation 19. A list of conditions was submitted as part of the Statement of Common Ground, for which I am grateful. All bar one of the conditions are agreed in principle. I agree that conditions are necessary and reasonable which deal with the following broad topics. 1 The development plan here includes the London Plan and the Lambeth Local Plan. https://www.gov.uk/planning-inspectorate 3

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision Appeal Decision APP/N5660/W/25/3370761 • The time limit for commencing development, and the identification of approved drawings, plans and reports which must be adhered to, in order that the development aligns with the submitted details; • Management plans detailing matters such as site logistics, programmes for demolition, construction, tree protection, waste disposal, piling methods, delivery and servicing arrangements, waste and recycling storage, in order to ensure development is carried out in a satisfactory manner; • Specifications for the use of non-road mobile machinery, to protect air quality; • A scheme for dealing with any contamination on the site, to ensure that the development does not pose a risk to future occupiers; • The requirement to provide greater detail of design, finished floor levels, external materials, security measures and landscaping in order to ensure that the development is of a suitable standard and is protected from flooding; • The provision of at least one unit accessible for wheelchair users, the provision of cycle storage, the inclusion of measures to minimise water and energy use, and the use of sustainable materials, in order to provide a development suitable for future use.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision • The approval of a scheme of surface water drainage in order to properly manage the water environment. • The approval of updated tree constraints plans, and the routes for utilities and service runs in order to protect trees adjacent to the site. 20. There was some debate at the hearing in relation to the potential to impose condition(s) restricting work to the protected trees. But as pointed out it is lawful to carry out such works where they are necessary to implement a planning permission. As such I agree with the Appellant that the conditions suggested by the Council would not be reasonable. The alternative suggested is to be preferred. 21. I have received an obligation pursuant to S106 of the 1990 Act which binds the parties to certain actions in the event of planning permission being granted. Amongst the most notable matters the obligation requires actions by the developer which would restrict the entitlement to residential parking permits, would require the developer to enter into a contract with a car club operator, and a contract with a cycle hire scheme operator. These measures are designed to ensure the development would encourage use of transport other than the private car. 22.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision In addition the obligation makes provision for the payment of contributions towards the healthy routes network, disabled persons parking bay, EV charge point, off-site play space, open space and urban greening. 23. The obligation also requires the developer to prepare and submit an employment and skills construction plan (ESCP) which broadly would be designed to identify apprenticeship and job opportunities for local people during the implementation of the scheme. A contribution to employment and skills would sit alongside this. https://www.gov.uk/planning-inspectorate 4

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision In addition the obligation makes provision for the payment of contributions towards the healthy routes network, disabled persons parking bay, EV charge point, off-site play space, open space and urban greening. 23. The obligation also requires the developer to prepare and submit an employment and skills construction plan (ESCP) which broadly would be designed to identify apprenticeship and job opportunities for local people during the implementation of the scheme. A contribution to employment and skills would sit alongside this. https://www.gov.uk/planning-inspectorate 4

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Appeal Decision Appeal Decision APP/N5660/W/25/3370761 24. Similarly the obligation requires the submission of energy performance indicators and to monitor and report on energy performance for a fixed period. Contributions relating to carbon offset and reduction are also required. 25. The obligation also makes provision for affordable housing viability assessments to be carried out and, if necessary and justified by the assessment(s) to pay affordable housing contributions. 26. Having considered all of the schedules and obligations in the deed I am satisfied that, taken together, they all meet the tests set out in Regulation 122(2) of the Community Infrastructure Levy Regulations. The S106 Agreement therefore bites in its entirety. Conclusion 27. As set out earlier in this decision I have found that the health of the 3 protected trees adjacent to the site is unlikely to be unacceptably harmed by this proposal. There is no conflict with the development plan as a whole and there are no other matters which would warrant this scheme being refused. 28. For the reasons given above the appeal should be allowed.

Page 5 · Chunk 15 Philip Major

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major INSPECTOR SCHEDULE OF CONDITIONS 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with the following approved drawings and documents: Drawings: 1914-TDO-ZZ-00-DR-A-20000 P2; 1914-TDO-ZZ-00-DR-A-20500 P1; 1914-TDO-ZZ-00-DR-A-20501 P1; 1914-TDO-ZZ-00-DR-A-20002 P1; 1914-TDO-ZZ-00-DR-A-21100 P2; 1914-TDO-ZZ-00-DR-A-21101 P3; 1914-TDO-ZZ-00-DR-A-21102 P2; 1914-TDO-ZZ-00-DR-A-21103 P2; 1914-TDO-ZZ-00-DR-A-21104 P2; 1914-TDO-ZZ-00-DR-A-21105 P2; 1914-TDO-ZZ-00-DR-A-21106 P2; 1914-TDO-ZZ-00-DR-A-21110 P2; 1914-TDO-ZZ-00-DR-A-21200 P2; 1914-TDO-ZZ-00-DR-A-21201 P2; 1914-TDO-ZZ-00-DR-A-21202 P2; 1914-TDO-ZZ-00-DR-A-21300 P2; 1914-TDO-ZZ-00-DR-A-21301 P2; https://www.gov.uk/planning-inspectorate 5

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Appeal Decision APP/N5660/W/25/3370761 Documents: Air Quality Assessment, December 2023; Energy and Sustainability Statement, May 2024; Part L 2021 GLA carbon emission reporting spreadsheet v2.0; SAP Worksheets Lean and Green; Demand Response Design Note; Rainwater and Greywater Harvesting Design Note; Photovoltaics Query Response; Flood Risk Assessment and Drainage Strategy, 16 December 2024; Environmental noise and impact assessment, December 2023; Ventilation and extraction strategy, December 2023; London Plan Fire Statement, 1 November 2023; Transport Statement, 5 December 2023. 3) The development hereby permitted, including demolition, shall not commence until a Construction Environmental Management Plan (CEMP) has been submitted to and approved in writing by the local planning authority.

Page 6 · Chunk 17 Philip Major

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major The CEMP shall include details of the following relevant measures for both demolition and construction phase: a) A description of the demolition and construction programme which identifies activities likely to cause high levels of noise or dust; b) A named person for residents to contact within the main contractor’s organisation; c) Detailed Site logistics arrangements including provision of a suitable booking system for HGV deliveries; d) Details regarding parking, deliveries, and storage; e) A scheme of dust and noise mitigation measures to be deployed including identification of sensitive receptors, and a scheme of ongoing continuous monitoring and reporting for demolition and construction noise and dust impacts.

Page 6 · Chunk 18 Philip Major

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major The CEMP shall include details of the following relevant measures for both demolition and construction phase: a) A description of the demolition and construction programme which identifies activities likely to cause high levels of noise or dust; b) A named person for residents to contact within the main contractor’s organisation; c) Detailed Site logistics arrangements including provision of a suitable booking system for HGV deliveries; d) Details regarding parking, deliveries, and storage; e) A scheme of dust and noise mitigation measures to be deployed including identification of sensitive receptors, and a scheme of ongoing continuous monitoring and reporting for demolition and construction noise and dust impacts.

Page 6 · Chunk 19 Philip Major

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major The scheme shall be developed by suitably qualified persons and shall include suitable targets and management actions in accordance with BS5228 Code of Practice for Noise and Vibration control and the Mayor of London's SPG 2014 (dust control) and provision of monitoring results to the Local Planning Authority; f) Site delivery hours and other measures to mitigate the impact of construction on the amenity of the area and safety of the highway network; g) Communication procedures with the Local Planning Authority and local community regarding key construction issues – including newsletters and fliers; h) A Site Wide Waste Management Plan (SWWMP) demonstrating how waste from demolition and construction will be minimised and dealt with giving due regard to the waste hierarchy, with minimal (target of less than 5 per cent by weight) disposal to landfill (the SWWMP shall include details of the likely destination of all waste streams (beyond the Materials Recycling Facility) and a written confirmation that the destination landfill(s) has/have the capacity to receive waste; and i) A note stating the following: “With respect to the hours of operation for the site during construction, we note the standard hours indicated on the

Page 6 · Chunk 20 Philip Major

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Public Protection/Noise part of https://www.gov.uk/planning-inspectorate 6

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Public Protection/Noise part of https://www.gov.uk/planning-inspectorate 6 Appeal Decision APP/N5660/W/25/3370761 Lambeth’s website and the requirements of the Control of Pollution Act 1974’ and any variance to these hours will be negotiated with the council via the s61 prior consent process” j) Specific measures for the protection of all trees potentially affected by demolition, construction activity, construction traffic, crane operations, temporary works and material storage, including trees beyond the application boundary where relevant. k) A commitment that construction activities will be managed in accordance with the Construction (Design and Management) Regulations 2015, including clear lines of responsibility for tree protection measures. l) An existing footway survey and proposed plans for the reinstatement of the footway and kerb line, together with a post-construction footway survey. The construction and demolition shall thereafter be carried out in accordance with the details and measures approved in the CEMP, unless any variation is approved in writing by the local planning authority.

Page 7 · Chunk 22 Philip Major

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major 4) Prior to first occupation of the development hereby permitted, evidence shall be submitted to and approved in writing by the local planning authority demonstrating that 95% of non-hazardous construction and demolition waste has been reused, recycled or recovered and 95% of non-hazardous excavation waste has been put to beneficial use. 5) Where Non-Road Mobile Machinery (NRMM) of net power of 37kW and up to and including 560kW is required on site during 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. Unless it complies with the standards set out in the SPG, no NRMM shall be placed 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 on the official online 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.

Page 7 · Chunk 23 Philip Major

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major 6) 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. Any piling must be undertaken in accordance with the terms of the approved piling method statement. 7) A. Unless otherwise agreed in writing by the local planning authority no development shall commence until the following components of a scheme to deal with the risks associated with contamination of the site, including asbestos and unexploded ordnance have been submitted to and approved in writing by the local planning authority: a) A desk study and site investigation scheme based on previous findings to provide information for a detailed assessment of the risks, to all receptors, including those off-site; that may be affected, as well as groundwater; https://www.gov.uk/planning-inspectorate 7

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Appeal Decision APP/N5660/W/25/3370761 b) The site investigation results and the detailed risk assessment resulting from a); c) An options appraisal and remediation strategy giving full details of the remediation measures required and how they are to be undertaken; d) A verification plan providing details of the data that will be collected in order to demonstrate that the works set out in c) are complete and identifying any requirements for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action. The development shall thereafter be implemented in accordance with the details and measures approved. B. Prior to occupation of any part of the development, a verification report demonstrating completion of the works set out in the approved remediation strategy and the effectiveness of the remediation shall be submitted to and approved in writing by the local planning authority. The report shall include results of sampling and monitoring carried out in accordance with the approved verification plan to demonstrate that the site remediation criteria have been met.

Page 8 · Chunk 25 Philip Major

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major It shall also include a plan (a “long-term monitoring and maintenance plan”) for longer-term monitoring of pollutant linkages, maintenance and arrangements for contingency action, as identified in the verification plan. The long-term monitoring and maintenance plan shall thereafter be carried out as approved unless otherwise agreed in writing by the local planning authority. C. If, during development, contamination not previously identified is found to be present at the site then no further development shall be carried out until the developer has submitted, and obtained written approval from the Local Planning Authority for, an amendment to the remediation strategy detailing how this unsuspected contamination will be dealt with. 8) The ground floor finished floor level must be set no lower than 4.03 metres above Ordnance Datum (mAOD), in line with Section 5 of the submitted flood risk assessment. This mitigation measure shall be fully implemented prior to occupation and/or subsequently in accordance with the scheme’s timing/phasing arrangement. The measure detailed above shall be retained and maintained thereafter throughout the lifetime of the development.

Page 8 · Chunk 26 Philip Major

Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major 9) Notwithstanding the approved drawings, prior to the commencement of above ground level works hereby permitted, detailed drawings shall be submitted to and approved in writing by the local planning authority. The details shall include: a) 1:10 scale drawings of all external construction detailing and materials (including sections) including balconies, balustrades, handrails, windows and doors (inc. opening method, door number, letterbox, lockset), soffits and fascias, copings, cills, roofs, dormers, porches, rainwater goods, vents, extracts, pointing, jointing, fixings of cladding, plant screening, ramps, steps, retaining walls and means of enclosure; b) Details of the building name and number to be displayed at the entrance and construction from robust material; c) Details of any balcony balustrades including privacy screens (where required); https://www.gov.uk/planning-inspectorate 8

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Appeal Decision APP/N5660/W/25/3370761 d) Boundary details, including metal work. The development hereby permitted shall be thereafter built in accordance with the approved details. 10) Prior to commencement of any building operations above ground level, a schedule of all materials to be used in the external elevations and roofs, including samples to be viewed on site, shall be submitted to and approved in writing by the local planning authority. With regard to the provision of samples to be viewed on site; samples shall be available on site for the review by the local planning authority. These shall include sample panels of all external wall facing materials including cills, pointing, jointing, fixings of cladding, copings; together with samples of windows and door surrounds, soffits and fascia's, and plant screening. The development shall be carried out in full accordance with the approved materials. 11) At least one of the residential units hereby permitted shall be constructed to comply with Part M4(3) of the Building Regulations.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Any communal areas and accesses serving the M4(3) compliant Wheelchair User Dwellings should also comply with Part M4(3), and any communal areas and access serving M4(3)(2)(b) compliant Wheelchair User (accessible) Dwellings should also comply with Part M4(3)(2)(b). All other residential units, communal areas and accesses hereby permitted shall be constructed to comply with Part M4(2) of the Building Regulations. 12) 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. 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. Prior to occupation, a satisfactory Secured by Design inspection must take place. The resulting Secured by Design certificate shall be submitted to and approved by the local planning authority.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major 13) No vents, pipes, soil vent pipes, or extracts other than those shown on the approved drawings shall be installed unless otherwise approved in writing by the local planning authority. All services and plant should be concealed from view on elevation, roof, and carriage arch soffit which includes vents, pipes and rainwater goods. 14) Notwithstanding the information on the plans, prior to the first occupation of the development hereby permitted, a hard and soft landscaping scheme shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details prior to first occupation. All trees, shrubs and hedge planting included within the landscaping scheme shall accord with BS3936:1992, BS4043:1989 and BS8545:2014 (or subsequent superseding equivalent) and current arboricultural and landscape industry best practice. The submitted details shall demonstrate the following: https://www.gov.uk/planning-inspectorate 9

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Appeal Decision APP/N5660/W/25/3370761 a) The quantity, size, species, position, soil volumes and the proposed time of planting of all trees and shrubs to be planted; b) An indication of how they integrate with the proposal and existing trees and street trees in the long term with regard to their mature size and anticipated routine maintenance and protection; c) The specification of which shrubs and hedges to be planted that are intended to achieve a significant size and presence in the landscape; d) Specification of hard landscaping; e) Details of the long-term management and maintenance of the landscaping scheme; f) Details of water irrigation systems serving the soft landscaping; g) Evidence to demonstrate that a net increase in biodiversity has been achieved. 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.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major 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. 16) Prior to the installation of green roofs, a detailed specification of the green roofs shall be submitted to and approved in writing by the local planning authority. The specification shall include details of the type, quantity, size, species, position, and the proposed time of planting of all elements of the green walls and roofs, together with details of their anticipated routine maintenance and protection. The specification shall accord with the GRO Code of Best Practice (latest edition) unless otherwise agreed in writing by the local planning authority. The green roofs shall thereafter be maintained in accordance with the approved details.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major If any planting forming part of the green roof shall die, be removed, or become seriously damaged or diseased, then this planting shall be replaced in the next planting season with planting of a similar size and species. 17) Notwithstanding the approved documents, there shall be no occupation until a Delivery and Servicing Management Plan has been submitted to and approved in writing by the local planning authority which details the expected delivery and servicing arrangements for the whole block (but not individual residences). The use hereby permitted shall thereafter be operated in accordance with the approved details. The submitted details must include the following: a) expected frequency of deliveries to the site; b) predicted dimensions of delivery and servicing vehicles; c) proposed loading and delivery locations; and d) a strategy to manage vehicles servicing the site. 18) Notwithstanding the approved drawings, prior to the commencement of the use hereby permitted, the following waste and recycling details shall be submitted to and approved in writing by the local planning authority. https://www.gov.uk/planning-inspectorate 10

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Appeal Decision APP/N5660/W/25/3370761 a) Details how the development would meet the recycling target of 65 per cent; b) Detailed drawings showing the proposed waste and recycling waste storage; c) Details relating to the collection of waste; d) Details relating to how the bins will be moved from the stores to the collection points on collection day and how the bins will be returned after collection. 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. 19) Notwithstanding the approved drawings, prior to the occupation of the development, details of the provision to be made for 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.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major 20) Prior to first occupation of the development hereby approved, evidence (including a schedule of fittings and manufacturer's literature) shall be submitted to the local planning authority and approved in writing to show that a residential internal water use of 105L/person/day or less has been achieved for all dwellings. 21) The development shall be built in accordance with the approved Energy Statement listed under Condition 2, demonstrating how the development will follow the hierarchy of energy efficiency, decentralised energy and renewable energy technologies to secure a minimum 35% reduction in CO2 emissions beyond Building Regulations Part L 2021. Prior to occupation of the development hereby permitted, evidence (e.g. photographs, copies of installation contracts and as-built worksheets prepared under the National Calculation Method) shall be submitted to and approved in writing by the local planning authority to demonstrate that the development has been carried out in accordance with the approved Energy Statement unless otherwise agreed by the local planning authority in writing.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major 22) Prior to the occupation of the development, evidence shall be submitted to and approved in writing by the local planning authority demonstrating that the risk of overheating has been minimised and the reliance on air conditioning has been minimised in line with the GLA's cooling hierarchy and confirming compliance with CIBSE TM59 (including the results from the analysis) and that CIBSE TM49 has been considered. Any mitigation measures required to reduce overheating shall be completed prior to occupation and thereafter be retained for the lifetime of the development. 23) The development hereby permitted shall make space available for a connection to a decentralised heat network, should one become available in future. 24) Prior to the occupation of the development, evidence shall be submitted to and approved in writing by the local planning authority demonstrating that the materials used are in accordance with the approved sustainability statement listed under Condition 2. https://www.gov.uk/planning-inspectorate 11

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Appeal Decision APP/N5660/W/25/3370761 25) Prior to the installation of the photovoltaic panels, a scheme showing the siting, size, number and design of the photovoltaic (PV) arrays, including cross sections of the roof of the building with the equipment in situ, shall be submitted to and approved in writing by the local planning authority. The development shall thereafter be completed in strict accordance with the approved details. 26) No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in the national Planning Practice Guidance (or any subsequent guidance), and the results of the assessment provided to the local planning authority.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Where a sustainable drainage scheme is to be provided, the submitted details shall include: a) information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; b) a timetable for its implementation; and c) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime. Thereafter the development shall be implemented, managed and maintained in accordance with the approved details. 27) Prior to commencement of construction a scheme of assessment of the acoustic impact arising from the operation of all internally and externally located plant shall be submitted to and approved in writing by the local planning authority.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major The assessment of the acoustic impact shall be undertaken in accordance with BS 4142: 2014 (or subsequent superseding equivalent) and other relevant measures, and shall include a scheme of attenuation measures to ensure the rating level of noise emitted from the proposed building services plant is 5dBA less than background. The use hereby permitted, or the operation of any building services plant, shall not commence until a post-installation noise assessment has been carried out including suitable measurements to confirm compliance with the approved noise criteria and which has been submitted to and approved in writing by the local planning authority. The scheme shall be implemented in accordance with the approved details and attenuation measures, and they shall be permanently retained and maintained in working order for the duration of the use and their operation. 28) The development must be carried out in accordance with the provisions of the approved document London Plan Fire Statement, dated 1 November 2023, as listed under Condition 2, unless otherwise approved in writing by the local planning authority.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major 29) No development shall commence until an updated tree constraints plan has been submitted to and approved in writing by the local planning authority, https://www.gov.uk/planning-inspectorate 12

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major 29) No development shall commence until an updated tree constraints plan has been submitted to and approved in writing by the local planning authority, https://www.gov.uk/planning-inspectorate 12

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major Appeal Decision APP/N5660/W/25/3370761 based on verified on-site survey data and clearly identifying stem positions, crown extents, root protection areas and construction exclusion zones. 30) No development shall commence until full details of all proposed underground and overground service routes have been submitted to and approved in writing by the local planning authority. The details shall demonstrate how services will avoid conflict with tree root protection areas and street trees. Underground and overground service utilities routes are to be provided in accordance with the approved details. 31) No development shall commence until an updated Arboricultural Method Statement has been submitted to and approved in writing by the local planning authority. The updated Statement shall detail the specific protection measures, working methodologies and pruning requirements to be adopted as part of the demolition and construction phases of the project. Thereafter all works to the trees must be carried out in accordance with the details set out in the approved updated Statement.

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Petrol Station, 212 Kennington Road, LONDON, SE11 6PR — London Borough of Lambeth — Philip Major -------------------------------------------------------------------------------------------------------------------- APPEARANCES FOR THE APPELLANT: Mr N Helme Counsel Mr J Harris BA(Hons) MSc Associate Director Nathaniel Lichfield & Partners MRTPI Ltd Mr J Forbes-Laird BA(Hons) Senior Director Forbes-Laird Arboricultural DipGRStud MICFor MRSB Consultancy Ltd MRICS MEWI DipArb(RFS) Mr J Brown BSc(Hons) MRICS Director James R Brown & Company Ltd – in Registered Valuer attendance to address any viability issues FOR THE LOCAL PLANNING AUTHORITY: Ms A Gkiza Senior Planning Officer LB Lambeth Ms F Dyson Principal Planning Officer LB Lambeth Mr C Henderson Arboricultural Officer LB Lambeth Mr C Hurst Senior Arboricultural Officer LB Lambeth INTERESTED PERSONS: Mr F Belk Local Resident https://www.gov.uk/planning-inspectorate 13

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

Main issues and findings

Heritage impact
For appellant
¶27

The inspector considered that the development would not harm the adjacent protected trees, citing the evidence provided by the Appellant that the root zone of the trees would be concentrated principally below the footway to Kennington Road, and that the development could be carried out with sensitive working practices to avoid material harm to the trees.

Living conditions
Against appellant
¶11

The Council had concerns about the potential impact of the development on the privacy of neighbouring occupiers, but the inspector considered that the effects would not be so severe that the proposal should be refused for this reason.

Flood risk
Neutral
¶8

The inspector noted that the development would need to be carried out in accordance with the approved flood risk assessment and drainage strategy.

Planning obligations
For appellant
¶22

The inspector considered that the obligation requiring the developer to prepare and submit an employment and skills construction plan (ESCP) was reasonable.

Policies relied on

Reference Weight
NPPF 208
Determinative
London Plan Policy G71
Determinative
Lambeth Local Plan Policy Q10
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 13 pages, issued by the Planning Inspectorate on 23 January 2026 under the Open Government Licence.