- Decision
- dismissed, 9 September 2026
- Decided by
- Planning Inspector: L Clark
- Authority
- Lambeth (London)
- Appeal reference
- 6007861
- Application reference
- 25/03139/VOC
- Procedure
- written representations
- Development
- s73 variation of plans condition (retrospective) for pub-to-5-flats conversion - fenestration details and taller rear extension
- Homes
- 5
- Site context
- inside settlement, conservation area
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- S4(1), HE6
- Development plan policies
- Lambeth Local Plan 2020-2035 Q5, Q7, Q11, Q22, Q23
- Main issues
- planning obligation; heritage
Summary
This was a retrospective s73 variation for a pub-to-flats conversion in a conservation area. The appellant won on heritage: the trickle vents, applied glazing bars and taller rear extension were neutral, so S4 was complied with (DL ¶28, 30). The appeal still failed, because the replacement car-free UU was an unsigned, undated draft with no plans (DL ¶15).
What made the difference
The incomplete obligation. Under the updated Procedural Guide, the inspector would not wait for a revised UU (DL ¶33). Without a completed UU, the car-free and car-club obligations secured on the original permission fell away, which "would likely lead to unmitigated harm through the exacerbation of parking stress" (DL ¶31).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| HE6 | neutral | applied glazing bars, trickle vents and taller rear extension neutral to the NDHA and Elderwood CA - no public-benefit balance needed (DL 20-28) | |
| S4(1) | pass | council argued S4 equates to old 11(d); with no heritage harm, S4 complied with (DL 30) |
Key facts
- Draft UU (car-free permits, car club, cycle hire) undated, unsigned and without plans - no weight; dismissed on that ground alone (DL 14-16, 31-34)
- Procedural Guide (16 July 2026) requires an executed obligation at appeal submission in WR cases (DL 33)
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.