Existing cellar floor to be lowered to convert into bedroom, with improved means of fire escape from lower levels through new lightwell in existing courtyard of residential building not visible from the public highway. Replacement of existing single glazed windows with new double glazed units to increase energy efficiency and improve the look of the building
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Heritage & Conservation
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Inspector’s Reasoning
Appeal Decision
Site visit made on 1 July 2026
by Rachel Hall BSc MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 22 July 2026.
Appeal Ref: 6002721
8 The Mezzanine, West Grove, Greenwich SE10 8QT
• 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 Mr Matthew King against the decision of the Council of the Royal Borough
of Greenwich.
• The application reference is 25/1956/HD.
• The development proposed is described as ‘existing cellar floor to be lowered to convert into
bedroom, with improved means of fire escape from lower levels through new lightwell in existing
courtyard of residential building not visible from the public highway. Replacement of existing
single glazed windows with new double glazed units to increase energy efficiency and improve
the look of the building’.
Decision
1. The appeal is allowed and planning permission is granted for existing cellar floor to
be lowered to convert into bedroom, with improved means of fire escape from lower
levels through new lightwell in existing courtyard of residential building.
Replacement of existing single glazed windows with new double glazed windows at
8 The Mezzanine, West Grove, Greenwich SE10 8QT in accordance with the terms
of the application, reference 25/1956/HD, subject to the conditions in the attached
schedule.
Application for costs
2. An application for an award of costs was submitted by Mr King against the decision
of the Council of the Royal Borough of Greenwich. This is the subject of a separate
decision.
Preliminary Matters
3. As the proposal is in a conservation area and relates to a listed building I have had
special regard to sections 66(1) and 72(1) of the Planning (Listed Buildings and
Conservation Areas) Act 1990 (as amended) (the Act). The submitted appeal only
relates to the refusal of an application for planning permission. No listed building
appeal is before me.
4. The Council did not identify any harm in respect of the effect of the proposal on the
character or appearance of the West Greenwich Conservation Area. Given the
modest scale of the proposal and lack of prominence from the public realm, I see
no reason to conclude otherwise and find that the character and appearance of the
West Greenwich Conservation Area would be preserved.
5. In light of the Council’s comments in the officer report regarding inconsistencies
and inaccuracies in the submitted plans, the appellant submitted revised plans with
Appeal Decision 6002721
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the appeal. These comprise drawing nos. 25 0110-8 C and 25 0110-9 C. A 3-
dimensional image of the external staircase and lightwell was also included. Also, a
new Basement Impact Assessment by Seymour Building Services (2 October
2025) (BIA) was submitted along with an Arboricultural Impact Assessment by
Plumb Associates (October 2025). The Council was given the opportunity to
comment on these and any comments have been taken into consideration here.
Accordingly, I consider no party has been prejudiced in determining the appeal on
the basis of the minor revisions to the submitted plans and updated supporting
information.
6. The description of development in the decision above is the same as that used in
the heading above, but with some words omitted where they are superfluous
(relating to its visibility from the public highway and the intention to increase energy
efficiency and improve the look of the building).
Main Issues
7. The main issues are:
• whether it has been demonstrated that the proposal would preserve a Grade II
listed building known as “7 and 8, West Grove SE10” (Ref: 1212184) (the LB),
or any of the features of special architectural or historic interest that it
possesses;
• whether the proposal would be acceptable with respect to its impact on trees;
and
• whether the proposed basement and lightwell would be acceptable with regard
to impacts on pollution and flood risk and the living conditions of neighbouring
occupants with particular regard to noise.
Reasons
Listed Building
8. The listed building comprises Nos 7 and 8 which are adjoining early 19th century
houses of four storeys and sunk basements. They are comprised of multicoloured
stock brick with banded rusticated stucco at ground floor and a parapet concealing
the roof. A single storey building is situated to the rear of No 8, comprised of stock
brick with a flat roof (Garden Cottage). The proposal relates to a further outbuilding
situated beyond Garden Cottage at the rear of the site. It is also comprised of stock
brick and has a flat roof.
9. Given the above, I find that the special interest of the LB, insofar as it relates to this
appeal, to be primarily associated with the architectural interest of the main house
as an example of a high status Georgian terraced building. The presence of the
appeal outbuilding also contributes to its significance due to its surviving historic
fabric and subservient form, reflective of the status differentiation between the main
house and its outbuildings.
10. The proposal is for excavation of the cellar to create additional headroom so that it
can be used as a bedroom. In addition, a new lightwell is proposed to be excavated
in front of the appeal outbuilding, with a fire escape window and external staircase
to be added. The existing single glazed windows are proposed to be replaced with
Appeal Decision 6002721
3
double glazed casement windows. Also, the existing front door is proposed to be
replaced.
11. It is not a matter in dispute that the existing windows date from the mid 20th century.
As such, I find that their replacement with black Crittall-style windows would be
acceptable, without harm to the building’s significance as an outbuilding to a
Georgian terraced building. The existing front door is also described as mid 20th
century and therefore is not contemporary with the LB. The Council objected to its
replacement with a composite door. However the appellant has provided details of
an alternative timber door. Subject to details of this being approved by condition I
consider this element of the proposal would be acceptable without harm to the
special interest of the LB.
12. The Council’s conservation officer response raised concerns about the lack of
information on the effect of the basement excavation on the structural stability of
surrounding heritage assets. In particular, that structural engineer’s drawings and
specifications and a ground-movement impact assessment should be provided
prior to determination. However, the proposed excavation would be limited to that
of the proposed modest sized lightwell, and the lowering of the existing cellar floor
by 1000mm, with the existing cellar only occupying part of the footprint of the
building. Details have been provided of how it is anticipated that the building would
be underpinned. Moreover, the updated Basement Impact Assessment (by
Seymour Building Services) confirms that the proposed works would be carried out
in accordance with the relevant building control regulations and approvals,
including in respect of structural calculations and soil investigation in consultation
with the appointed structural engineer.
13. Given the modest scope of the proposed excavations, I am satisfied that a
condition requiring details of measures to ensure the structural stability of the host
building and neighbouring historic features would be effective. Therefore, the
proposed excavations would not give rise to harm to the historic appeal outbuilding
or other heritage assets. The Council’s Urban Design Guide Supplementary
Planning Document (October 2023) (SPD) states that basement extensions are not
supported for listed buildings. However, in the particular circumstances of this case,
which relates to a limited extension to a modest outbuilding, the proposed
extension would nonetheless be acceptable and would not undermine the historic
hierarchy of the outbuilding relative to the main house.
14. Given the above, and in light of the updated drawings that have addressed
previous drafting inaccuracies, I find that the proposal would preserve the special
historic interest of the LB. This would satisfy the requirements of the Act and
paragraph 210(a) of the Framework. It would also comply with Policies D3, HC1
and HC2 of the London Plan (2021) (London Plan) and Policies DH1, DH3, DH(h)
and DH(i) of the Royal Greenwich Local Plan: Core Strategy with Detailed Policies
(2014) (Core Strategy). Together these generally seek to ensure that proposals are
designed having regard to the character of their surroundings, including the historic
environment.
Trees
15. The submitted Arboricultural Impact Assessment (the AIA) confirms that the only
tree in the vicinity of the appeal scheme is a small apple tree adjacent to the wall
that encloses the courtyard. Given the proximity of the tree to the wall, its roots are
Appeal Decision 6002721
4
likely to be constrained by the foundations of the wall. Accordingly, the AIA
concludes that the proposal would not be expected to harm that tree, no tree
protection measures would be required and no works would be necessary to the
tree to facilitate the appeal scheme. I see no reason to conclude otherwise.
16. Therefore, the proposal is acceptable with respect to its impact on trees.
Accordingly, it complies with Policy G7 of the London Plan Policy OS(f) of the Core
Strategy. These generally seek to ensure that existing trees are retained wherever
possible.
Basement Impact
17. The Council maintains its concern in the absence of a site specific ground
investigation report, flood risk report and structural method statement. I accept that
on larger or more complex schemes, such information may be necessary prior to
determination. However in this case, the increased depth of the proposed
basement and the footprint of the excavation would be modest. Accordingly, a
condition could reasonably be imposed to require further technical details to be
submitted prior to excavation works taking place. Subject to imposition of such a
condition, I consider that the proposal is capable of being acceptable with regard to
its impacts on pollution and flood risk. No substantive evidence indicates otherwise.
18. The updated BIA includes detail on measures to minimise disruption to neighbours
through control of noise, vibration and dust. Subject to a condition to secure these
measures I am satisfied that the proposal would be acceptable with regard to its
effect on the living conditions of neighbours.
19. Therefore, the proposed basement and lightwell would be acceptable with regard to
impacts on pollution and flood risk and the living conditions of neighbouring
occupants with particular regard to noise. Accordingly, it would comply with Policies
D13 and D14 of the London Plan and Policy E(a) of the Core Strategy. Together
these seek to ensure proposals avoid unacceptable impacts from matters such as
noise, vibration and dust.
Conditions
20. I have had regard to the conditions suggested by the Council and have amended
these where necessary without changing their meaning. In addition to the standard
time limit condition, it is necessary for a condition specifying the approved plans, in
the interests of certainty. Detailed plans showing the proposed new windows,
doors, brickwork, metal staircase and external surfacing are necessary in the
interests of the character and appearance of the listed building. This includes a
requirement for the replacement door to be of timber, removing the requirement for
a separate condition.
21. A condition requiring submission of an updated basement impact assessment to
include a Structural Method Statement signed and endorsed by a Chartered Civil
Engineer or Chartered Structural Engineer is necessary to ensure the development
maintains the structural stability of the host building and neighbouring properties
and does not increase the risk of flooding elsewhere. Given the submitted
construction management details it is not necessary for further details to be
submitted by condition and a condition requiring compliance with those details has
been imposed to ensure the development proceeds without unacceptable impacts
on neighbours.
Appeal Decision 6002721
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Conclusion
22. For the reasons given, the appeal should be allowed.
Rachel Hall
INSPECTOR
Schedule of Conditions
1) The development hereby permitted shall commence not later than three
years from the date of this consent.
2) The development hereby permitted shall be carried out in accordance with
drawing nos: 25 0110-3; 25 0110-8 C; and 25 0110-9 C.
3) Prior to the installation of new windows, doors, brickwork, metal staircase or
lightwell surfacing hereby approved, full details of these shall be submitted to
and approved in writing by the Local Planning Authority. These details shall
include:
• 1:10 elevations and 1:5 sections of all new windows (slimline (max 16mm)
double glazing with true, integral glazing bars);
• 1:10 elevations and 1:5 sections of the external door, to be constructed
from timber, including materials, profiles and finishes;
• Sample panel of proposed brickwork including mortar/pointing;
• Sample of proposed new surface to the lightwell;
• 1:10 section of the new metal staircase.
• Details of handrails inclusive of materiality and profile.
The development shall thereafter be carried out in accordance with the
approved details.
4) Prior to the commencement of the basement works, and notwithstanding the
submissions hereby approved, a revised Basement Impact Assessment
including structural engineers’ drawings and specifications shall be submitted
to and approved in writing by the Local Planning Authority. The Basement
Impact Assessment shall include a Structural Method Statement signed and
endorsed by a Chartered Civil Engineer or Chartered Structural Engineer
with relevant conservation experience. This shall demonstrate by
methodologies appropriate to the site, that the development maintains the
structural stability of the host building and neighbouring properties and does
not increase the risk of flooding elsewhere.
Construction of the basement shall be carried out strictly in accordance with
the Basement Impact Assessment approved under this condition and
monitored by a suitably qualified professional throughout the construction
process.
5) The development hereby approved shall be carried out in accordance with
the construction management plan included at section 6 of the Seymour
Building Services basement impact assessment (Ref SSR00593, dated
02/10/25).
£
Costs decision section
Costs Decision
Site visit made on 1 July 2026
by Rachel Hall BSc MSc MRTPI
an Inspector appointed by the Secretary of State
Decision date: 22 July 2026.
Costs application in relation to Appeal: 6002721
8 The Mezzanine, West Grove, Greenwich SE10 8QT
• The application is made under the Town and Country Planning Act 1990, sections 78, 322 and
Schedule 6, and the Local Government Act 1972, section 250(5).
• The application is made by Mr Matthew King for a full award of costs against the Council of the Royal
Borough of Greenwich.
• The appeal was against the refusal of planning permission for ‘existing cellar floor to be lowered to
convert into bedroom, with improved means of fire escape from lower levels through new lightwell in
existing courtyard of residential building not visible from the public highway. Replacement of existing
single glazed windows with new double glazed units to increase energy efficiency and improve the
look of the building’.
Decision
1. The application for an award of costs is refused.
Reasons
2. Parties in planning appeals normally meet their own expenses. However, the
Planning Practice Guidance (PPG) advises that costs may be awarded against a
party who has behaved unreasonably and thereby caused the party applying for
costs to incur unnecessary or wasted expense in the appeal process.
3. A full award of costs is sought in light of the applicant’s view that the Council did not
provide an opportunity for minor corrections to be made during the determination
period and for issues to be resolved. Also, that the Council failed to consider
conditions that could be imposed to make the development acceptable. In addition,
that the Council’s decision was made by an officer that had not visited the site and
took a contrary view to the case officer who had visited the site and a conservation
officer.
4. The Council’s first reason for refusal related to inconsistencies and inaccuracies in
the submitted plans because of which the Council felt it was unable to determine
whether or not the proposal would be harmful to the listed building. However, it
seems that the extent of the inaccuracies was not communicated to the applicant
until after the decision had been made. Moreover, it will be seen from the appeal
decision that I found the alterations submitted to make the plans accurate and
consistent with one another were sufficiently minor to be considered at appeal.
Consequently, it seems reasonably likely that these plan alterations could have
been addressed at application stage. Nonetheless, I am not persuaded that the
updating of plans at appeal stage amounts to a wasted cost as the plans would
need to have been updated in any event.
Costs Decision 6002721
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5. In respect of the Council’s approach to considering whether conditions could be
used to make the development acceptable, I note that the conservation officer
recommended that details of the replacement front door could be conditioned. As
set out in the appeal decision, details of the replacement door have been secured
by condition. Accordingly, reason for refusal 2 could reasonably have been
avoided. I return to this subsequently.
6. The Council’s third reason for refusal related to concerns about a lack of detail in
the basement impact assessment. The Council maintained its concerns on this
matter notwithstanding the updated information submitted at appeal. It will be seen
from the appeal decision that I found the updated basement impact assessment
and construction management details were sufficient to reach a conclusion that the
appeal should be allowed, subject to conditions. However, this involves an element
of judgement such that I consider it was not unreasonable of the Council to take a
different approach, particularly in light of the more limited information submitted
with the original application.
7. The Council’s fourth reason for refusal related to whether it had been demonstrated
that the proposal would be acceptable with respect to its impact on trees. The
Council’s case officer is said to have been satisfied that the proposal would be
acceptable, based on their site visit. Whereas the Council’s senior principal
planning officer reached the view that, in the absence of a tree survey, it was not
possible to find the proposal acceptable with respect to trees. If raised early enough
by the Council, the applicant could reasonably have responded to this with
submission of a tree survey at application stage. Nonetheless, I find that it was not
unreasonable to require expert advice on the potential impact on an adjacent tree.
As such, the provision of a tree survey at appeal stage does not amount to a
wasted expense.
8. Accordingly, I have found that the Council’s refusal of the application due to its
concern about the basement impact was not an unreasonable one. Therefore the
Council’s approach, whilst reaching a different decision to that of the appeal, did
not prevent or delay development which should clearly have been permitted. In light
of this, whilst reason for refusal 2 could have been avoided, it has not been clearly
demonstrated that its imposition resulted in wasted expense at appeal. Therefore,
although I am sympathetic to the applicant’s position, I find that unreasonable
behaviour resulting in unnecessary or wasted expense, as described in the PPG,
has not been clearly demonstrated.
Rachel Hall
INSPECTOR
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