Described as, ‘the construction of a rear facing ground floor extension and the upward extension of an existing single storey to create additional living and bedroom accommodation
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Trees & Landscape
Character & Appearance
Residential Amenity
Inspector’s Reasoning
Appeal Decision
Site visit made on 23 October 2025
by R Sabu BA(Hons), MA, BArch, PgDip, RIBA, ARB
an Inspector appointed by the Secretary of State
Decision date: 18 November 2025
Appeal Ref: APP/L5240/D/25/3372238
South Riding, 16A Hook Hill, South Croydon CR2 0LA
• The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended)
against a refusal to grant planning permission.
• The appeal is made by Dr Navin Peiris against the decision of the Council of the London Borough of
Croydon.
• The application Ref is 25/01481/HSE.
• The development proposed is described as, ‘the construction of a rear facing ground floor extension
and the upward extension of an existing single storey to create additional living and bedroom
accommodation’.
Decision
1. The appeal is dismissed.
Main Issues
2. The main issues are:
• the effect of the proposed development on the character and appearance of
the area with regard to protected trees on the site; and
• the effect of the proposal on fire safety.
Reasons
Trees
3. The site and surrounding area predominantly consist of detached dwellings within
large plots and generally have large trees and vegetation. As such the area has a
pleasant verdant character and appearance.
4. A cherry tree identified as T4 in the Tree Survey and Constraints Plan (Survey) is
proposed to be removed to facilitate the proposed development. The tree is
subject of a Tree Protection Order. The tree is mature, in good condition, and has
a life expectancy of over 20 years. It is sited close to the boundary of the site and
is near the existing building.
5. The tree is a significant height and despite being in close proximity to a number of
tall conifer trees, it is noticeably taller than the surrounding trees and appears in
good health. While the tree does not appear prominent from the street, it is visible
from across the site and positively contributes to the verdant character of the area.
Although the tree may be one of a number on the site, there are few other tall
deciduous trees near the cherry tree. Accordingly, the tree has moderate amenity
Appeal Decision APP/L5240/D/25/3372238
2
value and its removal would adversely affect the verdant character and
appearance of the area.
6. A condition securing additional and replacement planting would take time to
establish and would not guarantee the level of amenity provided by the tree.
Therefore, a condition would not adequately mitigate the harm.
7. I note evidence regarding cracking in the patio area. However, little detailed
evidence is provided regarding the cause of the cracking or assessment of any
alternative solutions to the cracking that would avoid the removal of the tree. I also
acknowledge that given the presence of the conifer trees along the boundary of
the site, the cherry tree may not provide a significant degree of privacy screening.
Nonetheless, given its size and good condition, the proposed removal of the tree
would result in moderate harm to the amenity of the area and insufficient
reasoning has been provided to justify its removal.
8. A walnut tree identified as T3 in the Survey is proposed to be retained. The
proposal includes retention of the patio area near this tree and replacement of its
finishes. The Root Protection Area (RPA) of tree T3 would encroach in the patio
area by a substantial distance.
9. Trial hole locations are noted along the edge of the existing patio as it is unclear
what mitigation measures would be required until works are commenced due to
the presence of the patio. However, the existing patio area encroaches into the
RPA of the tree. Accordingly, the BS5837 Tree Survey & Arboricultural Impact
Assessment (AIA) confirms that given the presence of the existing patio, the tree
will likely have a Root Protection Area biased towards the North and East.
Accordingly, I am satisfied that the tree protection measures noted in the AIA
would adequately mitigate any risk of harm to tree T3.
10. The proposed extension would bring the rear elevation of the existing building
closer to the walnut tree. However, from the evidence, the rear elevations would
be clear of the canopy of the tree. While part of the proposed patio area would lie
under the canopy of the tree, it is to replace an existing patio area. Therefore,
pressure to prune the tree would not be substantially greater than existing.
11. Consequently, the proposal would harm the character and appearance of the area
with regard to Tree T4. Therefore, the proposal would conflict with Policy G7 of
The London Plan The Spatial Development Strategy for Greater London March
2021 (London Plan), Policy DM10 and DM28 of the Croydon Local Plan (2018)
which together seek, among other things, to retain existing trees that contribute to
the character of an area. It would also conflict with the National Planning Policy
Framework (Framework) which requires that existing trees are retained wherever
possible.
Fire Safety
12. London Plan Policy D12 requires all development proposals to achieve the highest
standards of fire safety. It seeks proposals that identify suitably positioned
unobstructed outside space, designed to incorporate appropriate features which
reduce the risk to life and the risk of serious injury in the event of a fire, are
constructed in a way to minimise risk of fire spread, provide an evacuation strategy
for all building users and provide suitable access and equipment for firefighting.
Appeal Decision APP/L5240/D/25/3372238
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13. The fire strategy submitted as part of the appeal includes details of external
assembly points, evacuation strategies, fire exits and recommended fire rating of
materials.
14. Consequently, the proposal adequately addresses fire safety and would accord
with London Plan Policy D12.
Other Matters
15. The Council did not raise objections with respect to the design of the proposed
extensions or the effect on neighbouring occupiers. However, any lack of harm in
these respects do not override the harm identified.
16. Benefits of the proposal include an improved and enlarged dwelling. However,
given the harm identified above this does not alter my overall decision.
17. I note the evidence regarding sustainable development as set out in the
Framework. However, given my finding regarding the character and appearance of
the area as set out above, this matter does not alter my overall decision.
Conclusion
18. For the reasons given above, the proposed development would conflict with the
development plan as a whole and in the absence of material considerations to
indicate otherwise, the appeal is dismissed.
R Sabu
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