Appeal 6004826

Appeal A: The appeal is allowed, and listed building consent is granted for demolition of existing brick shed, partial demolition of existing wall in association with erection of 1no, part single, part two storey dwellinghouse (Class C3), landscaping, bin and cycle storage at [site address] SW18 1DK in accordance with the terms of the application Ref 2025/1091, dated 26 March 2025, and the plans submitted with it, subject to the conditions set out in the attached schedule of conditions.

Appeal B: The appeal is allowed, and planning permission is granted for the demolition of existing brick shed, partial demolition of existing wall in association with erection of 1no, part single, part two storey dwellinghouse (Class C3), landscaping, bin and cycle storage at [site address] SW18 1DK in accordance with the terms of the application Ref 2025/1010, dated 26 March 2025, and the plans submitted with it, subject to the conditions set out in the attached schedule of conditions.

As the proposal is in a conservation area and relates to a listed building, I have had special regard to sections 16(2), 66(1) and 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (as amended) (the Act).

In the banner heading and decision paragraphs above, I have used the description of development from the application forms. Unnecessary and superfluous Appeal Decision 6004826 & 6004827 information that do not relate to acts of development or works, have been removed. These descriptions are consistent with the development and works applied for.

The main issue to be considered is the effect of the works/development on the special architectural and historic interest of [site address] , a [name] listed building, and whether they preserve or enhance the character or appearance of the Wandsworth Town Conservation Area (CA).

The appeal site comprises a roughly rectangular parcel of land adjacent to [site address] , a [name] listed corner pub with frontages onto [site address] and [address]. Other than the presence of a small, detached garage the site is largely open and surrounded in part by fences, brick walls and boundary trees. Extant planning and listed building consents to develop a single storey dwelling and part demolition of brick wall at the site were approved in March 20241.

[site address] , according to the official list entry2, dates from the early/mid-19th Century. The pub incorporates 2 storeys with a parapet roof and displays a range of architectural flourishes. These include a stuccoed balustrade along the roof parapet, a panelled stallriser with supporting ionic pilasters and three tall round-headed sash windows with keystones and imposts on the north elevation.

In its context, the pub’s appearance has a distinctive presence amongst the simpler domestic architecture of the historic and locally listed dwellings either side on Fairfield (Nos 43-49) and [name] (Nos 6-34 (evens)). These locally listed dwellings incorporate a brick finish, consistent proportions and detailing. Along with the adjacent listed pub, collectively these buildings form a coherent piece of historic townscape in a part of Wandsworth that has been subject to modern redevelopment.

The adjacent appeal site although somewhat unkempt in appearance forms a visible gap in the street frontage between [site address] and the locally listed Nos 43-49. There is a similar, albeit shorter, break in the frontage, between the pub’s southwest elevation and the locally listed terrace properties at Nos 6-34. Although historically there is evidence of structures occupying the gaps, these spaces currently protect the pub’s architectural composition by revealing its elevations and associated architectural detailing. The gap along [site address] also allows the views of the largely well-preserved rear elevations of Nos 6-34.

The pub’s significance and special interest therefore stem from its surviving historic fabric and architecture. Furthermore, it is a community landmark that has provided a continuous role as a meeting place in the locality. Also, the gaps either side of the pub, which include the appeal site help reveal the building’s historic and architectural qualities, and make a small, albeit important contribution to its special interest and the significance it derives from its setting. 1 2023/4632 and 2023/4692 2 Appeal Decision 6004826 & 6004827

The appeal site is located within the CA. The CA’s special interest is derived in part from its historic buildings and street pattern as well as the many surviving public houses which are a legacy of the area’s brewing industry. The appeal site which forms an important space adjacent to the listed pub and locally listed buildings, makes a small, albeit valuable contribution, to the CA’s significance.

The proposal would comprise a two-storey dwelling positioned close to the flank wall of No 43 [site address] . It would be formed by a ground floor flat roof structure, that would be similar in scale and detailing to the 2024 consent. Above, it is proposed to construct a smaller second storey largely set in from the parapet wall of the ground floor element. The second storey would also have a parapet wall with a hipped roof constructed above. The structure would be built in facing brick. The proposed dwelling’s [site address] elevation would incorporate a modest number of tall window openings and a pair of distinctive curved walls on the southeast elevation of the ground and upper floors. A new brick boundary wall with two entrance doors will be provided along the plot’s front boundary where it faces [site address] .

When viewed from [site address] the upper portion of the proposal’s ground floor and the whole second storey would be visible above the new brick wall. The proposal’s front building line and roof eaves would align neatly with Nos 43-49, while the width and depth of the second storey would be consistent with those neighbouring dwellings.

The proposed dwelling would be set back from [site address] whilst maintaining a visible gap from the pub’s flank wall ensuring its prominent position in the street is maintained. This arrangement, as depicted on the appellant’s street perspective drawing, ensures that the architectural detailing on the pub’s north elevation, particularly the distinctive arched windows, are not obscured when viewed from [site address] . The roofline will also sit well below that of the pub, ensuring that the unit does not appear dominant within the intervening space. The appreciable gap maintained would also allow views from [site address] through the site towards the historic former worker’s housing at Nos 6-34.

Whilst it has a somewhat contemporary appearance the proposal nevertheless has a simple, uncomplicated form that does not appear discordant in the context of the adjacent listed pub and Nos 43-49. There are subtle design details that respect and echo the historic architecture of the adjacent structures, through, for example, the exterior brick finish, parapet wall and hip roof detail, and the tall, vertical window openings. The curved walls also add visual interest and a focal point without breaking the composition of the frontage.

The proposal would provide a modest enhancement to the site through the construction of a brick front boundary wall, reflecting the prevailing materials along [site address] and strengthening the continuity of boundary treatment along the frontage. In addition, the proposal would improve the site’s somewhat unkempt appearance and introduce a restrained yet well-considered design that would sympathetically address the gap in the street frontage.

The proposal, like the consented scheme, includes the partial demolition of a brick wall to the side of the listed pub. This currently separates the pub’s beer garden from the appeal site. Historically, the appeal site has formed a service yard for the Appeal Decision 6004826 & 6004827 listed pub and previously hosted structures housing separate commercial uses such as a Smithy and Barber. The brick wall forms part of the listed pub’s historic fabric and a physical boundary that delineates the pub from its service yard and the site’s earlier uses. Accordingly, it has some heritage value and contributes to the legibility of historic functions and building layouts within the CA.

The loss of part of this modest section of wall would have a small albeit limited impact on the significance of the listed pub and the CA. However, on balance the enhancements introduced through the construction of the new front wall, site redevelopment and the proposed dwelling’s considered design would on balance outweigh the effect of the side wall’s loss. The proposal would also require demolition of the existing garage building on site. This is a later structure and of limited heritage value owing to its modern construction and somewhat dilapidated appearance. Accordingly, its loss would not harm or erode the significance of the listed pub or CA.

Therefore, in conclusion, the proposal would reinforce the historic street pattern, aligning with the scale and positioning of adjacent frontage dwellings, and presenting a design that responds appropriately to the character of the listed pub and locally listed dwellings. I am also satisfied that a meaningful separation from the listed pub is maintained, preserving its prominence and allowing continued views of other historically significant development through the space. As such, the listed pub, its setting, and the contribution to its significance, would be preserved. In addition, the proposal would preserve the character and appearance of the CA in which it sits. There would also be some very modest enhancements as indicated above. Overall, the proposal would not result in harm to the special interest of designated heritage assets.

Thus, the proposal would comply with Policies LP1 and LP3 of the Wandsworth Local Plan (adopted 2023), where they require proposals to preserve and where possible enhance the significance, appearance and character of designated heritage assets. It would also comply with the provisions of the Framework where they require the protection of the historic environment and the duty set out in the Act.

There are concerns from neighbouring occupiers that the proposed dwelling would impact on light entering properties. However, its position, orientation and separation distance relative to neighbouring windows and private spaces is acceptable such that it would not harm neighbouring amenities.

I have had regard to the Council’s suggested conditions, amending them where necessary for clarity and to ensure compliance with the tests set out in paragraph 55 of the National Planning Policy Framework (the Framework). I also sought agreement from the Appellant to the pre-commencement condition.

I have imposed conditions specifying a time limit for commencement and the approved plans as these provides certainty. Landscaping, details of finished materials and the provision of bird nesting features are all necessary in the interests of local character and appearance and biodiversity. Conditions relating to construction management, site contamination and operational waste are all Appeal Decision 6004826 & 6004827 necessary in the interests of local amenity, public safety, protection of local water infrastructure and biodiversity features and to ensure no unacceptable highway safety impacts.

Conditions relating to carbon reduction and water usage are necessary in the interests of sustainable development and to comply with relevant development plan policies. I have also imposed a condition requiring the development to be carried out in accordance with the findings of the appellant’s flood risk

A condition requiring details of cycle parking is necessary in the interests of sustainable transport.

Given the site’s sensitive location within a conservation area and proximity to the listed pub, it is necessary to remove permitted development rights to ensure that future development is sensitively controlled at the site.

Several conditions referred to above require the submission and approval of details prior to the development commencing as they will inform the construction process and set out standards and infrastructure necessary in advance of development starting.

All the above conditions, except for the time limit and materials conditions are only relevant to the grant of planning permission.

The suggested condition regarding unauthorized works to highway has not been included. This is not necessary as it relates to a separate consenting regime.

On that overall basis, the appeals are allowed, and consent and permission can be granted subject to the conditions in the attached schedule.

The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.

Prior to the commencement of above ground works details and samples of materials proposed to be used on all external surfaces of the development shall be submitted to and approved in writing by the local planning authority. The works shall be carried out in accordance with the approved materials and retained thereafter. Appeal B:

The development to which this permission relates must be begun not later than the expiration of three years beginning with the date of this permission.

The development hereby permitted shall be carried out in accordance with the following approved [name]: 24/35/01; 24/35/06; 24/35/03 [name]; 24/35/05; 24/35/04 [name] and 24/35/08 [name].

No development, including any demolition, shall take place until a construction management plan has been submitted to and approved in writing by the local planning authority (in consultation with TfL). The construction management plan shall include details (but not limited to) of the routing of construction vehicles, time of arrival and departure, and any proposed temporary traffic and pedestrian management measures during the course of construction. The demolition and construction works shall be carried out in accordance with the approved plan.

Prior to the commencement of above ground works, an operational waste and recycling strategy shall be submitted to and approved in writing by the local planning authority. The submitted operational waste and recycling strategy shall include details of the arrangements for storage and collection of waste from the development. The measures detailed in the approved operational waste and recycling strategy shall be installed prior to first occupation of the development and operated and maintained in accordance with the approved operational waste and recycling strategy in perpetuity.

Prior to the commencement of above ground works details and samples of materials proposed to be used on all external surfaces of the development have been submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved materials and retained thereafter.

Prior to commencement of the above ground works, details of landscaping and treatment of parts of the site not covered by buildings, to include the hard landscaping materials, species of new planting/seeding, and any existing plants/trees to be retained, shall be submitted to and approved in writing by the local planning authority. All planting, seeding, and turfing included in the approved details shall be carried out prior to the occupation of any part of the Appeal Decision 6004826 & 6004827 development, or in accordance with a programme agreed in writing with the local planning authority.

No development shall take place until a desktop study shall be submitted to and approved in writing by the local planning authority. The desktop study shall identify all previous site uses, potential contaminants associated with those uses, a conceptual model of the site indicating sources, pathways and receptors and any potentially unacceptable risks arising from contamination at the site and any measures to be taken to prevent and or remedy contamination at the site, site investigation scheme (providing information for an assessment of the risk to all receptors that may be affected, including those off site), intrusive investigation and risk assessment (assessing the degree and nature of any contamination on site and the risks posed by any contamination to human health, controlled waters and the wider environment). Any measures to be taken to prevent and/or remedy contamination at the site set out in the approved document shall be undertaken in accordance with the approved details.

Prior to the first occupation of the development the cycle parking shown on the approved drawings shall be provided and be retained for cycle parking purposes for the users of the development and for no other purpose.

Notwithstanding the approved drawings, three (3) swift bricks shall be incorporated within the northern wall of the development hereby approved and shall be retained thereafter in accordance with the [name] 42021:2022 for [name].

The development permitted by this planning permission shall only be carried out in accordance with the approved Flood Risk Assessment by [name] dated 05/12/2023 ref. 22125. The mitigation measures shall be retained as such.

The development hereby approved shall achieve a minimum of a 35% reduction in CO2 emissions above the levels set in Building Regulations Part L 2021. Prior to first occupation of the development, evidence (e.g. photographs, copies of installation contracts and as-built worksheets prepared under SAP) shall be submitted to and approved in writing by the local planning authority, to demonstrate that the development has achieved at least a 35% reduction in CO2 emissions above the levels set in Building Regulations Part L 2021. The installed measures shall be retained in accordance with the approved details.

The development shall achieve a maximum water use of 110 litres per person per day for homes (including an allowance of five litres or less per person per day for external water consumption) in line with the [name] for new dwellings from the Department of Communities and Local Government. Prior to first occupation, evidence to demonstrate that that the internal water consumption of the development will not exceed 105l/p/day must be submitted to the local planning authority and approved in writing. The approved measures shall be retained for the lifetime of the development.

Notwithstanding the provisions of Schedule 2 Part 1 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (or any Order Appeal Decision 6004826 & 6004827 revoking, amending or re-enacting that Order) no alterations, extensions, additions, enlargements, or outbuildings shall at any future time be erected or constructed to the dwelling hereby approved without the prior permission of the local planning authority. ***End of Schedule***