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Prior Approval Fall Back Wins the Day

Gregory Jones QC

An inspector allowed an appeal granting planning permission for the change of use of an existing building in southeast London from storage (class B8) to residential (class C3) to provide 2 x three bed, 6 x one bed, and 1 x studio residential units together with the construction of a mansard roof extension to create a second floor, a 2 storey extension to the side and installation of replacement windows and doors. He considered that by reason of the proximity of a significant number of windows of habitable rooms included within the appeal scheme to the side elevation of the neighbouring buildings, and due to the use of bottom sash obscured glazing, the inspector found find that the proposed development would not provide acceptable living conditions for future occupants with particular reference to outlook.  Consequently, he concluded that the proposal would be contrary to the Local Plan, and the London Plan.   However, the inspector found that the appeal scheme was an improvement upon the fall-back position which  comprised the prior approval for ten residential units which representing an overall improvement in the living conditions of future residents when compared to the potential fall-back position of the increased number of flats granted under the prior approval application.

Gregory Jones QC appeared for the successful appellants instructed by WSP Indigo.