Timberdown, adjacent 1 Jackson Road, Bromley

appeal 6010191·Bromley·14 September 2026dismissed
Decision
dismissed, 14 September 2026
Decided by
Planning Inspector: R Sabu
Authority
Bromley (London)
Appeal reference
6010191
Application reference
25/03925/FPA
Procedure
written representations
Development
Demolition of outbuildings and erection of 5 houses (semi-detached pair and terrace of 3) with parking and access
Homes
5
Site context
inside settlement
Green Belt
No
Housing land supply
1.93 years
Framework applied
August 2026 NPPF
Determinative policies
S4(1), P3(2)(b), DP3(2)(a)
Development plan policies
London Plan 2021 D3, Bromley Local Plan 2019 Policies 3, 4, 37, Urban Design Guide SPD 2023
Main issues
outlook and light; character and appearance; noise

Summary

Five houses on a backland site in Bromley, where supply is 1.93 years. The appeal was dismissed on outlook harm to a single neighbouring garden, even though housing got substantial weight under the S4 within-settlement presumption. The Council had already approved a 4-house scheme on the site that placed the rear building further from the boundary.

Issues and findings

Planning balance

S4(1) is quoted correctly: "should be approved unless the benefits … would be substantially outweighed" (DL ¶22). HO7 housing benefit is quoted as substantial weight, given 1.93 years (DL ¶¶23–24). The outlook harm got significant weight, and the Inspector added that the scheme "would not support the principle of liveability in the terms of the Framework" (DL ¶25). The conclusion then drops the qualifier: "the benefits of the proposal would be outweighed by the adverse effects" (DL ¶26). The appeal was decided s38(6)-style, on conflict with the plan as a whole (DL ¶29).

What made the difference

Harm to one neighbour's outlook, from a flank wall spanning more than the full width of a modest garden. That harm was given significant weight, and it beat substantial-weight housing benefit at 1.93 years' supply. The approved 4-house fallback, which kept the rear building back from that boundary, showed a less harmful layout was achievable.

Transferable points

Policy findings

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

PolicyFindingWeightNote
S4(1)failwithin settlement; letter concludes benefits "would be outweighed by the adverse effects" — omits "substantially" (DL 22, 26)
HO7benefitsubstantial5 dwellings with 1.93-year supply (DL 23-24)
P3(2)(b)failsignificant2-storey flank wall of terrace close to modest garden of 35 Ribston Close — oppressive outlook; BRE light passed (DL 5-9, 25)
DP3(2)(a)failoppressive effect means scheme "would not support the principle of liveability" (DL 25)
DP3passvaried backland context; no character harm (DL 10-16)

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.