- Decision
- dismissed, 1 September 2026
- Decided by
- Planning Inspector: L J Evans
- Authority
- Bromley (London)
- Appeal reference
- 6009605
- Application reference
- 26/00185/FPA
- Procedure
- written representations
- Development
- Change of use of semi-detached house to 8-person sui generis HMO
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- P3(2)(a)
- Development plan policies
- London Plan 2021 D3, D6, D14, Bromley Local Plan 2019 policies 4, 9, 37
- Main issues
- living standards of HMO occupiers; neighbours' living conditions
Summary
An 8-person HMO in an Orpington semi was dismissed. The single communal kitchen and living area was too cramped for eight residents, and the light to one room was unevidenced. There was no harm to neighbours. The closing balance mixes S4 and old paragraph 11(d) language ("substantially and demonstrably outweigh") (DL ¶23).
What made the difference
The internal standard of the communal space for future occupiers. The need to carry bicycles through the only communal room compounded the problem.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| P3(2)(a) | fail | code mapped by harvester — cramped sole communal kitchen/living space for 8, bikes carried through kitchen, top-floor room light/ventilation unevidenced (DL 8-13) | |
| P3(2)(b) | pass | code mapped by harvester — no demonstrable noise/disturbance harm to neighbours (DL 14-18) | |
| S4(1) | fail | hybrid wording — harm "would substantially and demonstrably outweigh the benefits … The proposal is not therefore sustainable development for which there is a presumption in favour" (DL 23); mixes S4 "substantially" with old 11(d) "demonstrably" |
Key facts
- Works largely complete but not yet occupied, so treated as proposed (DL 3)
- Claimed NHS-staff occupancy unevidenced, no weight (DL 20)
- Parties consulted on the 2026 Framework (DL 4)
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.