# 214-216 St James's Road, Croydon

- **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
- **Tags:** tier-2, parties-consulted-on-2026-framework, non-determination, drafting-slip, old-wording-slip, small-scheme

## 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
- **P3(2)(a): fail.** sole 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
- **DM6: fail.** no s106 for permit-free and sustainable transport contributions, though Council did not evidence the tests (DL 15-20)
- **S4(1): fail.** adverse impacts "would substantially and demonstrably outweigh the benefits" — hybrid of old and new wording (DL 21)

## Key facts
- Croydon Opportunity Area; good PTAL; car-free
- Bedroom windows face a very small lightwell onto the rear of the commercial unit
- Refuse storage capable of conditioning

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/4ccb326b-53ea-4365-9964-7b9985d124e6
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008438

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008438.html

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