Planning application · Wandsworth
2024/1485.
Full / Other Planning at 36 Nightingale Lane SW12 8TD, received 27 Jun 2024 — refused on 9 Aug 2024 (delegated, Wendy Melaab).
ApprovedRefusedOther
At a glance · this applicationWandsworth profile →
Refused
Outcome
9 Aug 2024
6 wks
Decision time
inside the 8-week target
—
Conditions
not captured
18
Documents
18 linked
—
Objections
not captured
No
Appeal
none recorded
Record from the Wandsworth planning register as captured; documents link to the council's own files. Nearby applications are context, not part of this application.
Application
What is it?
Alterations including erection a roof extension above two storey back addition; erection of a single storey rear extension; and excavation to enlarge basement with formation of front and rear lightwells. Alteration and extensions in connection with the conversion of existing building from 3x 2 bedroom flats to 3x 1 bedroom flats, 1x. 2 bedroom flat, and 2x. 3 bedroom flats.
Reference
2024/1485
Type
Application for Full Permission
Applicant
Agent / consultant
Case officer
Postcode
SW12 8TD
Ward
Council
Received
27 Jun 2024
Decision date
9 Aug 2024
Decision route
Delegated (officer)
Status
FINAL DECISION
Council register
Reference
2024/1485
Type
Application for Full Permission
Show all 14 rows
Applicant
Agent / consultant
Case officer
Postcode
SW12 8TD
Ward
Council
Received
27 Jun 2024
Decision date
9 Aug 2024
Decision route
Delegated (officer)
Status
FINAL DECISION
Council register
Documents
What was filed?
Document
Published
View
Documents open on the Wandsworth portal. View the application page ↗
Decision
What happened?
Refused on 9 Aug 2024, delegated decision by Wendy Melaab — 6 weeks from submission.
Timeline
Date
Event
27 Jun 2024
Application received
9 Aug 2024
Delegated decision: Refused · Wendy Melaab
27 Jun 2024
Application received
9 Aug 2024
Delegated decision: Refused · Wendy Melaab
Why it was refused
Reason
As stated on the decision notice
1
The proposed development, by reason of its design and layout, would fail to
include the provision of at least one 3-bedroom flat with access to a 15sq.m
garden, contrary to policies LP7 and LP26 of the Local Plan (2023).
2
The proposed development, by reason of its scale, siting and design, would fail
to be subservient and proportionate, would result in undue clutter and lack
appropriate architectural response to the host property, thus failing to preserve
the character and appearance of the property and wider area, including the
significance of the Conservation Area. As such, the proposal is considered
contrary to the objectives of policies LP1, LP3, LP5 and LP6 of the Local Plan
(2023) the as well as the statutory duty under section 72 of the Planning (Listed
Buildings and Conservation Areas) Act 1990 and the guidance within the NPPF.
3
The proposed single storey extension, by reason of its design, scale and
proximity next to no.34 Nightingale Lane would constitute an unneighbourly
form of development that would harm the amenities of the neighbouring
occupiers in the form of loss outlook through being overbearing and creating an
increased and oppressive sense of enclosure. The proposal has also failed to
demonstrate that there would not be unacceptable harm to neighbouring
properties in respect to reductions in daylight and sunlight. The proposal is
therefore considered to be contrary to policy LP2 of the Local Plan (2023).
4
By reason of the size, layout and proposed level of occupancy, the two 3-
bedroom flats (Flats 5 and 6) fail to meet minimum floor space requirements. In
addition, the occupiers of the two 1-bedroom basement flats (Flats 1 and 2)
would have poor levels of outlook and the applicant has failed to demonstrate
that an appropriate level of internal daylight and sunlight would be achieved to
habitable rooms. Coupled with the lack of dedicated on-site external amenity
spaces for all units, in particular neither of the proposed family-sized units (Flats
5 and 6), the proposed development would provide an overall substandard
residential accommodation. The proposal is therefore considered to be contrary
to policy LP27 of the Local Plan (2023).
5
In the absence of an Arboricultural Impact Assessment, the application has
failed to demonstrate that the proposal would not result in harm to existing trees
of amenity value. Accordingly, the proposal is contrary to policies LP3 and LP56
of the Local Plan (2023).
In dealing with this application, the Council has implemented the requirement in
the National Planning Policy Framework to work with the applicant in a positive
and proactive manner and the Council has, as far as practicable, sought
solutions to problems arising in relation to dealing with the planning application.
We have made available detailed advice in the form of our statutory policies in
the Local Plan and Supplementary Planning documents, as well as offering a
full pre-application advice service. However, we have been unable to seek
solutions to problems as the principle of the proposal is clearly contrary to our
statutory policies and negotiation could not overcome the reasons for refusal.
Nick Calder
Head of Development Management (Wandsworth)
WANDSWORTH BOROUGH COUNCIL
ENVIRONMENT AND COMMUNITY SERVICES DIRECTORATE
GENERAL INFORMATION
TOWN AND COUNTRY PLANNING ACT 1990
This decision does not convey any approval, consent, permission or licence under any other Acts, or Bye-Laws, Orders or
Regulations and nothing in this decision shall be regarded as compliance with or approval, consent, permission or licence
under other legislation.
You must ensure that your proposal complies with the Building Regulations. You can obtain advice from Building Control,
between 09:00 and 13:00 Monday to Friday at the Town Hall Extension, Wandsworth High Street, SW18 2PU and via telephone
on no. 020 8871 7620.
You are also reminded that the Council’s permission does not modify or affect any personal or restrictive covenants
easements, etc., applying to or affecting the land or the rights of any persons (including the Council) entitled to the benefits of
them. If you are unsure whether there are relevant restrictions which might stop the building of extensions, alterations to the
property or changing the use (even if you have a planning permission) you should consult a suitably qualified professional
advisor.
If the proposed development requires changes to, or new street name or numbers you should contact the Council’s Street Name and
Numbering Section at the earliest opportunity (Tel No. 020 8871 7520).
Statement of Applicant’s Rights arising from the refusal of planning permission or from the grant of permission subject to
conditions.
1
The proposed development, by reason of its design and layout, would fail to
include the provision of at least one 3-bedroom flat with access to a 15sq.m
garden, contrary to policies LP7 and LP26 of the Local Plan (2023).
2
The proposed development, by reason of its scale, siting and design, would fail
to be subservient and proportionate, would result in undue clutter and lack
appropriate architectural response to the host property, thus failing to preserve
the character and appearance of the property and wider area, including the
significance of the Conservation Area. As such, the proposal is considered
contrary to the objectives of policies LP1, LP3, LP5 and LP6 of the Local Plan
(2023) the as well as the statutory duty under section 72 of the Planning (Listed
Buildings and Conservation Areas) Act 1990 and the guidance within the NPPF.
3
The proposed single storey extension, by reason of its design, scale and
proximity next to no.34 Nightingale Lane would constitute an unneighbourly
form of development that would harm the amenities of the neighbouring
occupiers in the form of loss outlook through being overbearing and creating an
increased and oppressive sense of enclosure. The proposal has also failed to
demonstrate that there would not be unacceptable harm to neighbouring
properties in respect to reductions in daylight and sunlight. The proposal is
therefore considered to be contrary to policy LP2 of the Local Plan (2023).
Show all 5 rows
4
By reason of the size, layout and proposed level of occupancy, the two 3-
bedroom flats (Flats 5 and 6) fail to meet minimum floor space requirements. In
addition, the occupiers of the two 1-bedroom basement flats (Flats 1 and 2)
would have poor levels of outlook and the applicant has failed to demonstrate
that an appropriate level of internal daylight and sunlight would be achieved to
habitable rooms. Coupled with the lack of dedicated on-site external amenity
spaces for all units, in particular neither of the proposed family-sized units (Flats
5 and 6), the proposed development would provide an overall substandard
residential accommodation. The proposal is therefore considered to be contrary
to policy LP27 of the Local Plan (2023).
5
In the absence of an Arboricultural Impact Assessment, the application has
failed to demonstrate that the proposal would not result in harm to existing trees
of amenity value. Accordingly, the proposal is contrary to policies LP3 and LP56
of the Local Plan (2023).
In dealing with this application, the Council has implemented the requirement in
the National Planning Policy Framework to work with the applicant in a positive
and proactive manner and the Council has, as far as practicable, sought
solutions to problems arising in relation to dealing with the planning application.
We have made available detailed advice in the form of our statutory policies in
the Local Plan and Supplementary Planning documents, as well as offering a
full pre-application advice service. However, we have been unable to seek
solutions to problems as the principle of the proposal is clearly contrary to our
statutory policies and negotiation could not overcome the reasons for refusal.
Nick Calder
Head of Development Management (Wandsworth)
WANDSWORTH BOROUGH COUNCIL
ENVIRONMENT AND COMMUNITY SERVICES DIRECTORATE
GENERAL INFORMATION
TOWN AND COUNTRY PLANNING ACT 1990
This decision does not convey any approval, consent, permission or licence under any other Acts, or Bye-Laws, Orders or
Regulations and nothing in this decision shall be regarded as compliance with or approval, consent, permission or licence
under other legislation.
You must ensure that your proposal complies with the Building Regulations. You can obtain advice from Building Control,
between 09:00 and 13:00 Monday to Friday at the Town Hall Extension, Wandsworth High Street, SW18 2PU and via telephone
on no. 020 8871 7620.
You are also reminded that the Council’s permission does not modify or affect any personal or restrictive covenants
easements, etc., applying to or affecting the land or the rights of any persons (including the Council) entitled to the benefits of
them. If you are unsure whether there are relevant restrictions which might stop the building of extensions, alterations to the
property or changing the use (even if you have a planning permission) you should consult a suitably qualified professional
advisor.
If the proposed development requires changes to, or new street name or numbers you should contact the Council’s Street Name and
Numbering Section at the earliest opportunity (Tel No. 020 8871 7520).
Statement of Applicant’s Rights arising from the refusal of planning permission or from the grant of permission subject to
conditions.
Policies cited
LP7LP26LP1LP3LP5LP6NPPFLP2LP27LP56
Public response
Comment counts were not captured for this application.
People
Who is involved?
Name
Role
Applicant — the party who applied, not necessarily the owner
Agent · consultant profile
Case officer — delegated decision
Applicant — the party who applied, not necessarily the owner
Agent · consultant profile
Case officer — delegated decision
Place
What affects it?
Context around the site — not part of this application. Designations over the site: use the map's designations filter (conservation areas, listed buildings, Article 4, flood risk …). Decisions within 250 metres of the site are listed below — context, not this application.
Other applications within 250 metres (context — nearby, not this application)
No other geocoded decision is recorded within 250 metres.