Appeal 6000503

The appeal is allowed and planning permission is granted for demolition of the shop unit and erection of 1 self-contained dwelling at [site address] in accordance with the application Ref 25/2060/S73, without compliance with condition number 2 previously imposed on planning permission [name]/N5090/W/23/3334490 dated 29 July 2024 and subject to the conditions set out 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 to a separate decision.

I understand that the incorrect ownership certificate was served at the planning application stage. There is evidence before me that the correct certificate was served on 16 December 2025 and that it also contained details on how to make representations on this appeal. On the basis that this matter has been rectified during the appeal stage and the application was publicised by the Council, it does not, in this case, warrant finding that the application and appeal are invalid.

The appellant is seeking to vary the approved plans condition on an earlier permission1, that was allowed on appeal (the 2024 permission). This would facilitate the introduction of a basement and a sunken lightwell as well as the reconfiguration of the internal layout over 2 floors rather than the previously approved single floor dwelling.

The main issues are whether the proposed amendments would: • preserve or enhance the character or appearance of the [address] Conservation Area (WSCA); and • provide acceptable living conditions for future occupiers, with regard to outlook and the provision of private amenity space.

Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 requires special attention to be paid to the desirability of preserving or enhancing the character or appearance of conservation areas. In addition, the National Planning Policy Framework (the Framework) requires great weight to be given to the conservation of heritage assets.

The WSCA Character Appraisal Statement (July 2007) highlights that one of the key characteristics of [address] is its mainly Victorian buildings, that are modest in scale and appearance and were laid out in a tight grain with a strong building line characteristic of 18th century and early 19th century street layouts. From the evidence before me, and my own observations, the significance of the WSCA is, in part, from the number and variety of buildings of architectural and historical interest.

On the 2024 permission, the Inspector identified that the single storey commercial building on the appeal site has been part of the character of [address] as a mixed use residential and commercial area for many years but in its current dilapidated state it detracts from the appearance of this part of the WSCA. In addition to being designed to reflect the scale, mass and height of the shop unit as well as the details and materials of the area, the Inspector concluded that the development would not harm the significance of the WSCA and would enhance it.

All the accommodation under the 2024 permission was provided at ground floor level with a small, recessed, outside terrace located between the living space and the side elevation of [address]. The footprint of the current proposal is the same as the 2024 permission with an open plan kitchen, dining and lounge area to the ground floor. A bedroom, with dressing room and bathroom, would be located at basement level.

There is no dispute between the parties that the elevation treatment of the proposed building above ground level would not fundamentally change with that approved under the 2024 permission. Between the back of the pavement on Union 1 Appeal Ref: APP/N5090/W/23/3334490 Street and the front elevation of the proposal, there would be a narrow strip of landscaping. The submitted plans do not indicate any railings along this elevation.

Based on the evidence before me and my own observations on my site visit, the inclusion of a basement and associated lightwell are forms of development that are not characteristic of this part of the WSCA. However, the proposed lightwell serving the basement level outdoor amenity space would not be visible from public vantage points due to its positioning behind a high-level brick wall and enclosed by the proposed dwelling and the side elevations of No. 63, and its overall presence would be negligible. Due to the constrained nature of the site, its prominence within the private domain of the appeal site would be limited. Consequently, I find the proposal would have a neutral effect on the significance of the WSCA when compared to the 2024 permission.

For the above reasons, the proposed amendment would preserve the character and appearance of the WSCA. This accords with Policies D3 and HC1 of the London Plan (March 2021) (LP), Policies CDH01, CDH06 and CDH08 of the Barnet Local Plan 2021-2036 (BLP), the Council’s Residential Design Guide Supplementary Planning Document (October 2016) ([name]). Together these policies include the requirement for a high standard of design that follows good design principles, including conserving the significance of affected heritage assets.

The relevant reason for refusal in the Council’s Decision Notice refers to [name] D1 and D4 as well as the Council’s Sustainable Design and Construction Supplementary Planning Document (October 2016) ([name]). Policy D1 relates to Boroughs undertaking area assessments and using these in preparing Development Plans to meet borough-wide growth requirements. Policy D4 covers delivering good design, including through the use of masterplans, design codes, interactive digital model, design reviews and maintaining design quality. The SDC SPD focuses on, amongst other things, space standards, accessibility, energy, noise and water conservation. Therefore, these are not directly relevant to this

At basement level, the bedroom would have 3 full height windows looking onto the outdoor amenity space, which would be rectangular shaped. 2 of these windows would face the side of No. 63 across the narrow width of the space and the third window would face along its deeper length towards the wall that screens the lightwell from [address].

Exceeding the LP’s minimum requirement of private outdoor space for the proposed 1 bed dwelling, it is also useable for its intended purpose, and with access through a habitable room.

Despite its basement level location and modest size, due to the single storey nature of the proposed dwelling above ground level and the positioning of nearby properties, including the 2-storey flank wall at No. 60 to the immediate east, the outdoor amenity space would not feel unduly enclosed or gloomy. The unchallenged conclusions of the appellant’s ‘Daylight and [name] that the bedroom would receive adequate levels of daylight and direct sunlight also indicate that the outdoor amenity space would not be constantly overshadowed.

The windows serving the bedroom would provide light and outlook on 2 walls. Whilst the outlook is restricted by virtue of the constrained nature of the site, I am satisfied that an acceptable level of outlook would be achieved for the intended purpose of the room, by virtue of the significant amounts of full height glazing and the depth of the lightwell when looking towards [address], which is unobstructed past the proposed boundary wall.

Therefore, I conclude that the proposed amendments would provide acceptable living conditions for future occupiers, with regard to outlook and the provision of private amenity space. This would comply with LP Policy D6, BLP Policy CDH01, as well as the [name] and [name]. Collectively these require a good standard of amenity, including outlook and outdoor amenity space, for potential occupiers.

The relevant reason for refusal refers to BLP Policy CDH05. However, as the proposal relates to a new dwelling and not an extension, it is not directly relevant to this main issue.

Representations have been made by an interested party relating to mains drainage at the appeal site, including historical arrangements that no longer apply. This matter was considered in the 2024 permission by the Inspector who was satisfied that it could be appropriately resolved through the building control process were the appeal to be allowed and permission granted. Based on the evidence before me, I see no reason to come to a different conclusion on this matter.

By allowing this appeal a new planning permission is created. The Planning Practice Guidance (PPG) makes clear that decision notices for the grant of planning permission under section 73 of the Act should also reinstate the conditions imposed on the earlier permission that continue to have effect.

I have had regard to the conditions put forward by the Council, and the appellant’s comments on these. I have reimposed all those conditions that I consider relevant and in accordance with the Framework and the PPG.

There is no evidence before me that the 2024 permission has commenced. The condition regarding the time limit for the commencement of the development runs from the date of the 2024 permission.

I have attached an approved plans condition referencing the revised drawings for the avoidance of doubt and in the interests of certainty.

In order to safeguard the character and appearance of the WSCA an external materials condition is necessary.

The demolition and construction management plan needs to be pre-commencement to protect and mitigate impacts on the living conditions of neighbouring occupiers. A separate condition controlling construction hours is also necessary due to the site’s proximity to neighbouring properties.

Given the restricted nature of the site, a combined cycle and refuse storage condition is necessary to ensure that they are appropriately designed and in the interests of the character and appearance of the area.

Conditions relating to water saving and efficiency measures, as well as carbon dioxide emission reduction measures are required to ensure construction sustainability principles are applied and compliant with enhanced requirements given to the LP.

Ensuring that the housing stock is accessible and adoptable to accommodate the needs of any occupants is important and a condition requiring the dwelling to be constructed in accordance with Part M4(2) of Schedule 1 to the Building Regulations 2010 is necessary and reasonable.

I have removed conditions attached to the 2024 permission relating to fitting obscure glazing to the bathroom window and details of the private amenity space. As the revised scheme has the bathroom located in the basement, and the window in question now serves the stairs, and there are sufficient details of the outdoor amenity space, including boundary treatment to [address], these are no longer necessary.

A levels condition is suggested by the Council, which was not attached to the 2024 permission. However, ground conditions are level and the submitted plans, including cross sections, clearly illustrate the relationship of the proposed development with adjoining land. Therefore, this condition is not necessary.

For the reasons given above, the appeal should be allowed, subject to the conditions set out in the attached schedule.

The development hereby permitted shall begin not later than 3 years from 29 July 2024.

The development hereby permitted shall be carried out in accordance with the following approved plans: Location Plan produced 16 May 2025, and drawing nos. 357/1 proposed ground floor and basement plan, 357/2 proposed front elevation to [address] and roof plan, 357/3 proposed rear elevation and section AA, and 357/4 proposed section BB.

a) No development other than demolition and below ground works shall take place until details of the materials to be used for the external surfaces, including windows, doors, rainwater goods of the building, and hard surfaced areas hereby approved have been submitted to and approved in writing by the Local Planning Authority. b) The development shall thereafter be implemented in accordance with the materials as approved under this condition.

a) No development or site works shall take place on site until a 'Demolition and [name] and Logistics Plan' has been submitted to and approved in writing by the Local Planning Authority. The Demolition and [name] and Logistics Plan submitted shall include, but not be limited to, the following: i. details of the routeing of construction vehicles to the site, hours of access, access and egress arrangements within the site and security procedures; ii. site preparation and construction stages of the development; iii. details of provisions for recycling of materials, the provision on site of a storage/delivery area for all plant, site huts, site facilities and materials; iv. details showing how all vehicles associated with the construction works are properly washed and cleaned to prevent the passage of mud and dirt onto the adjoining highway; v. the methods to be used and the measures to be undertaken to control the emission of dust, noise and vibration arising from construction works; vi. a suitable and efficient means of suppressing dust, including the adequate containment of stored or accumulated material so as to prevent it becoming airborne at any time and giving rise to nuisance; vii. noise mitigation measures for all plant and processors; viii. details of contractors’ compound and car parking arrangements; ix. details of interim car parking management arrangements for the duration of construction; x. details of a community liaison contact for the duration of all works associated with the development. b) The development shall thereafter be implemented in accordance with the measures detailed within the statement.

No construction work resulting from the planning permission shall be carried out on the premises – At any time on Sundays, Bank or Public Holidays; Before 8.00 am or after 1.00 pm on Saturdays, Before 8.00 am or after 6.00pm pm on other days.

a) Before the development hereby permitted is first occupied, details of enclosures and facilities for the storage of cycles, recycling containers and wheeled refuse bins or other refuse storage containers where applicable, together with a satisfactory point for refuse 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.

Prior to the first occupation of the new dwellinghouse (Use Class C3) hereby approved it shall have been constructed to have 100% of the wholesome water supplied to it by the mains water infrastructure provided through a water meter. The 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 used to determine the water consumption of the proposed development. Any use of grey water and/or rainwater 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. Water management arrangements shall be retained in perpetuity thereafter.

Prior to the first occupation of the development hereby approved it shall be demonstrated that the dwelling has been 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 2010 Building Regulations.

Notwithstanding the details shown in the drawings submitted and otherwise hereby approved, prior to the first occupation of the new dwellinghouse (Use Class C3) permitted under this consent it shall have been constructed to meet and achieve all the relevant criteria of Part M4(2) of Schedule 1 to the Building Regulations 2010 (or the equivalent standard in such measure of accessibility and adaptability for house design which may replace that scheme in future). The accessibility and adaptability measures shall be retained in perpetuity thereafter. **END OF SCHEDULE**