214-216 St James's Road, Croydon

appeal 6008438·Croydon·7 September 2026dismissed
Decision
dismissed, 7 September 2026
Decided by
Planning Inspector: L J Evans
Authority
Croydon (London)
Appeal reference
6008438
Application reference
25/03436/FUL
Procedure
written representations
Development
Change of use of rear part of ground-floor Class E unit to a 1-bed flat (non-determination)
Homes
1
Site context
inside settlement
Green Belt
No
Framework applied
August 2026 NPPF
Determinative policies
P3(2)(a), S4(1)
Development plan policies
London Plan 2021 D6, T6.1, Croydon Local Plan 2018 DM10, DM13, SP8, DM29, DM30
Main issues
living conditions of future occupiers; refuse; parking mitigation

Summary

A non-determination appeal for a one-bed flat in the rear of a Croydon shop unit was dismissed. The sole bedroom relied on a tiny lightwell, the access ran under a derelict undercroft that is chained at night, and no s106 secured permit-free status or transport contributions. The parties were consulted on the new Framework but made no representations (DL ¶4).

What made the difference

The poor light, outlook and access for the only bedroom decided the appeal (DL ¶¶8–10). The balance combines the old and new tests. The adverse impacts "would substantially and demonstrably outweigh the benefits" (DL ¶21), which mixes S4's "substantially outweighed" with the 2024 "significantly and demonstrably" wording.

Policy findings

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

PolicyFindingWeightNote
P3(2)(a)failsole bedroom lit only from a tiny lightwell, no daylight assessment; circuitous access under derelict undercroft, chained overnight (DL 8-10) — decided under London Plan D6 / DM10
DM6failno s106 for permit-free and sustainable transport contributions, though Council did not evidence the tests (DL 15-20)
S4(1)failadverse impacts "would substantially and demonstrably outweigh the benefits" — hybrid of old and new wording (DL 21)

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.