The High Court has quashed a grant of planning permission by London Borough of Lewisham where the Officer Report failed to consider structure borne noise (R (Kerswell) v London Borough of Lewisham).
The proposed extension to a house located in the Blackheath Conservation Area included a roof terrace which was to be attached to the Claimant’s main bedroom wall. The Claimant’s objection highlighted both airborne and structure-borne noise concerns but the Officer Report only considered the former.
In addition, despite the Claimant’s property being locally listed, the Officer did not consider the implications of the Local Plan policy relating to local listed buildings. The Court considered this included a “heightened test” when compared to the policy on the Conservation Area, which had been been considered.
Mr Justice Waksman quashed the permission in an ex tempore judgment (an Approved Judgment is understood to be available shortly).
Leon Glenister appeared for the Claimant, instructed by Simon Kelly of Richard Buxton Solicitors.