Flat 4, 99 Kennington Park Road, Southwark

appeal 6003226·Southwark·29 September 2026dismissed
Decision
dismissed, 29 September 2026
Decided by
Planning Inspector: E Catcheside
Authority
Southwark (London)
Appeal reference
6003226
Application reference
25/AP/1749
Procedure
written representations
Development
Retrospective listed building consent for internal alterations to an upper-floor flat in a Grade II Georgian terrace (widened openings with sliding doors, blocked doorway, removal of two chimney breasts)
Site context
inside settlement, conservation area, listed building setting
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
HE6(3), HE6(4), HE4(2)
Development plan policies
London Plan 2021 HC1, Southwark Plan 2022 P19, Southwark Historic Environment Heritage SPD 2021
Main issues
special interest of Grade II listed terrace

Summary

Retrospective listed building consent for opening up the rooms of an upper-floor flat in a Grade II late-18th-century terrace in Kennington, including removing the last two chimney breasts and most of the spine wall. The inspector found that the works had eroded the cellular plan form and caused a high degree of harm to the listed building's significance. The claimed structural and energy benefits were unevidenced, and the layout gains were private. Dismissed.

Issues and findings

Planning balance

HE6(4): "the public benefits in this case are not sufficient to outweigh the considerable importance and weight that I ascribe to the heritage harm I have identified" (DL ¶29).

What made the difference

The absence of any record of the flat before the works, and of any structural or energy evidence. Energy efficiency was accepted in principle as "an important public benefit", but it could not be credited without figures showing the gains and how they were achieved, or without showing that a less harmful route was unavailable.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
HE6(1)harmsubstantialsubstantial weight to conservation; harm to significance of Grade II terrace (loss of cellular plan form, spine wall and last chimney breasts); degree of harm graded high (DL 17-18, 22, 24)
HE6(3)harmconsiderableharm a matter of considerable importance and weight (DL 24, 29)
HE4(2)failno clear and convincing justification; structural necessity and energy gains unevidenced; less harmful alternatives possible (DL 19, 24, 26-27)
HE6(4)failclaimed investment/stability benefit unevidenced; energy efficiency would be an important public benefit but not demonstrated; layout gains private (DL 26-29)
HE9passno external alterations so Kennington Park Road CA preserved (DL 23)

Key facts

Sources

This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.