The Planning Inspectorate decided that the benefit of converting two-bedroom flats into a family dwelling outweighed the Brent Local Plan’s policy to protect the supply of smaller homes, due to the substantial need for family homes.
In planning appeal Ref: APP/T5150/W/24/3357613, the inspector overturned the decision of London Borough of Brent Council to refuse an application for planning permission to build a single-storey side and rear ground floor extension and convert three existing flats back into one single-family home in the North Kilburn Conservation Area.
The council previously refused the application primarily due to the resulting loss of two two-bedroom flats, contravening policy BH10 of the Brent Local Plan. The policy aims to protect the supply of smaller homes, unless one listed policy criteria is met, such as where sub-standard dwellings would be brought in line with the London Plan space standards or where de-conversion of flats would create a family size home (three bedrooms or more) resulting in the net loss of no more than one dwelling of three bedrooms or less.
The decision acknowledges that the proposed development would conflict with the development plan.
However, one of the main justifications for allowing the appeal is the limited weight to the harm identified to the housing supply. Despite the net loss of two dwellings, greater weight is attached to the identified priority housing need for family dwellings. The decision highlights that within the borough, only 12.5% of new homes in 2022/23 met this need, far below the 25% target of policy BH6.
It was concluded that Brent was not achieving its target for family sized homes, leading to a significant under-delivery of policy BH6 of its local plan. The inspector also recognised that there is no sustained or substantial loss of homes in Brent due to the amalgamation of flats into family sized dwellings.
Other matters considered include that although two smaller flats would be lost, one of them (Flat C) was below minimum space standards set out in policy D6 of the London Plan, making its loss justified under policy BH10(b). In addition, the development would preserve the character of the North Kilburn conservation area.
This decision shows that even when resisting the net loss of residential dwellings is included as a local policy, it is only one element of the planning balance, which can be tilted by other policies such as the need to provide sufficient family homes.
Hannah Shaw is a trainee solicitor in the planning and environmental team at Irwin Mitchell.
