- 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
- Transition. Parties were consulted on the new Framework (DL ¶2).
- Outlook, P3: FAIL. "the proposed terrace would appear unacceptably oppressive from the rear windows and rear garden of No 35" (DL ¶5). BRE daylight and sunlight to windows passed. The loss of garden sun was "noticeable" but "not unacceptable" (DL ¶7).
- Character, DP3: PASS. In a varied area the scheme "would not harm the character and appearance of the area" (DL ¶16).
- Noise: PASS (DL ¶¶17–21).
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
- Inspectors will count amenity harm to a single neighbour as an S4 "adverse effect" capable of outweighing substantial-weight housing benefit, even with supply below 2 years (DL ¶¶24–26).
- DP3(2)(a) "liveability" is being deployed to cover harm to existing neighbours, not just future occupiers (DL ¶25).
- Watch for the S4 "substantially" qualifier being dropped at the point of conclusion (DL ¶26 vs ¶22).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| S4(1) | fail | within settlement; letter concludes benefits "would be outweighed by the adverse effects" — omits "substantially" (DL 22, 26) | |
| HO7 | benefit | substantial | 5 dwellings with 1.93-year supply (DL 23-24) |
| P3(2)(b) | fail | significant | 2-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) | fail | oppressive effect means scheme "would not support the principle of liveability" (DL 25) | |
| DP3 | pass | varied backland context; no character harm (DL 10-16) |
Key facts
- Council granted a 4-dwelling scheme on the site during the appeal (26/02197/FPA); given significant weight as a realistic fallback (DL 3)
- Council supply 1.93 years
- Garden of No 35 with 2+ hours sun on 21 March cut from about 57% to 45%, found acceptable (DL 7)
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.