Appeal 6000198

The appeal is allowed and planning permission is granted for house conversion into 2 number self-contained units involving internal refurbishment only (No changes to the exterior of the existing building) at [site address] in accordance with the terms of the application, Ref 24/5043/FUL, subject to the conditions in the attached schedule.

An application for costs was made by [name] against the Council of the London Borough of Barnet. This application is the subject of a separate decision.

Since the determination of the planning application by the Council, the Council have adopted the Barnet Local Plan 2021-2036 [name] 2015 (LP). I have therefore determined this appeal with regard to the up-to-date planning policy position.

The main issue is the effect of the proposed development on the character and appearance of the area.

The appeal property is a two storey, detached dwelling that is located in a predominantly residential area. Many houses on [address] have a similar design and appearance, however, there is a cluster of flatted developments at the end of the avenue as well as multiple recently constructed large, flatted developments nearby. As a result, the character and appearance of the area is varied with both family housing and flats.

Policy HOU03 of the LP relates to residential conversions and re-development of larger homes and states that the Council will optimise the potential for housing delivery from residential conversions and the re-development of larger homes subject to certain criteria. The Council have found all criteria are met, apart from D. which states that proposals will be supported, provided that they do not have an unacceptable impact upon the surrounding character of the area and where there is no unacceptable impact on the amenity of occupiers of neighbouring properties of the area.

The Council and the appellant have provided information about the number of properties being used as single-family dwellings, flatted developments and HMOs. I note the Councils consideration that single-family dwellings are dominant and that some of the examples provided by the appellant are unlawful. However, it is clear that there are examples of flatted development and HMO’s within [address], there lawfulness is not a consideration before me, and they still form part of the character of the area. Furthermore, the wider area contains significant flatted development with works on-going for further tall flats within proximity of the appeal site.

In light of the above, the modest scale of the proposed development combined with their being no external changes proposed, result in the development fitting in with the mixed character of the area.

I therefore conclude that the proposed development would not harm the character and appearance of the area. There would be no conflict with Policy D3 of the London Plan (2021), Policy DM01 of Barnet’s Local Plan (Development Management Policies) Development Plan Document September 2012, Policy HOU03 of the LP and guidance contained within the Local Plan Supplementary Planning Document: Residential Design Guidance October 2016 and Local Plan Supplementary Document: [name] and [name] 2016. Amongst other things, these seek to ensure that proposals deliver buildings and spaces that positively respond to local distinctiveness, be based on a understanding of local characteristics and that proposals do not have an unacceptable impact upon the surrounding character of the area.

I note that concerns have been raised in regard to increased traffic and parking demand. However, the Council have found that the proposed development would not harm highway safety for which I have no reason to conclude otherwise.

Condition 1 is the standard condition that relates to the commencement of development and condition 2 specifies the approved plans for the avoidance of doubt. Condition 3 requires cycle parking spaces to be provided in order to provide sustainable travel options for future occupiers. Condition 4 requires water to be supplied from mains water infrastructure and achieve efficiency measures to reduce water usage and increase efficiency.

Condition 5 requires carbon dioxide emission reduction measures to improve energy efficiency. Condition 6 requires sound insulation in order to protect the living conditions of neighbouring occupiers. Condition 7 requires details of bin storage and collection and condition 8 requires details of the subdivision of the garden in the interests of the living conditions of future occupiers.

For the reasons given above the appeal should be allowed.

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with the following approved plans: WA 501 [name] 502 [name] 503 [name] Details Site Location Plan Planning Statement dated November 2024

Prior to occupation of the development, Cycle parking spaces shall be provided in accordance with London Plan cycle parking standards and that area shall not thereafter be used for any purpose other than for the parking of cycles associated with the development.

Prior to the first occupation of the new dwellinghouse(s) (Use Class C3) hereby approved they shall all have been constructed to have 100% of the wholesome water supplied to them by the mains water infrastructure provided through a water meter or water meters and each new dwelling shall be constructed to include water saving and efficiency measures that comply with Regulation 36(2)(b) of [name] 2 of the Building Regulations to ensure that a maximum of 105 litres of water is consumed per person per day with a fittings based approach should be used to determine the water consumption of the proposed development. Any use of grey water and/or rain water systems needs to be separate from the potable (wholesome) water system and needs to meet the requirements and guidance set out in [name] of the Building Regulations. The development shall be maintained as such in perpetuity thereafter.

Prior to the first occupation of the development hereby approved it shall be constructed incorporating carbon dioxide emission reduction measures which achieve an improvement of not less than 10% in carbon dioxide emissions when compared to a building constructed to comply with the minimum [name] requirements of the 2013 Building Regulations. The development shall be maintained as such in perpetuity thereafter.

Prior to the first occupation of the units, copies of [name] shall be submitted to the Local Planning Authority, confirming compliance with [name] of the Building Regulations 2010 (or any subsequent amendment in force at the time of implementation of the permission). Reason: To protect the amenities of future and neighbouring residential occupiers in accordance with Policy ECC02 of Barnet's Local Plan (adopted March 2025) and the [name] and [name] (adopted October 2016).

a) Before the development hereby permitted is first occupied, details of enclosures and screened facilities for the storage of recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point of collection shall be submitted to and approved in writing by the Local Planning Authority. b) The development shall be implemented in full accordance with the details as approved under this condition prior to the first occupation and retained as such thereafter.

Before the development hereby permitted is first occupied, details of the sub-division of the amenity area(s) shall be submitted to and approved in writing by the Local Planning Authority.