The Magnificent Seven Grounds for Contesting the Appeal

Grounds for contesting the appeal

We involved with #SaveTheChelsfield (STC) are in the process of preparing a written representation that we will submit to the planning inspectorate via their on-line portal and we encourage you all to do the same. The process is very similar to before; simply access the government website, enter you name and address and submit your objection; you can either type this directly on the screen or upload/submit a previously prepared document.

However, this time round, we must all focus our objections on material subjects; the Inspector can only take into account information and evidence that is relevant to the appeal and in our case that means we must focus only on the seven reasons detailed below (why the council rejected the original planning application); sorry but 'I Love my pub!' is not going to achieve anything this time round.

Below are the seven points that we all need to focus on...

1. The proposal, by reason of its prominent siting, design, excessive residential density, scale and massing would appear out of keeping and out of character with the locality, represent an over-dominant structure in the street scene and an over-intensive development with an excessive proportionate residential density, contrary to London Plan Policy 7.4, draft London Plan Policy D2 and Bromley Local Plan Polices 4 and 37.

Great, but what does this mean in plain English?

Quite simply it is far too big and ugly and attempts to cram in far too many properties for it to be sited in such a prominent locality within a small village street scene

Points you might like to make on your written representation might be (use your own words):

  • The building is out of character with existing bulidings in the area. (Explain how/why)
  • The building would be too prominent if bought forwards to the boundaries. (How large and imposing would it be)
  • Would there be enough parking for the bar, shop and flats? (How would that impact the junction)
  • Etc.


2. The proposal would fail to demonstrate that a mixed and balanced community can be achieved and delivered with adequate affordable housing, contrary to the National Planning Policy Framework 2018, London Plan Policies 3.9, 3.10, 3.13, draft London Plan Policies H5, H6, H7, Bromley Local Plan Policy 2, the London Mayor's Affordable Housing and Viability SPG (2017) and the Council's planning obligation SPD (2012).

Great, but what does this mean in plain English?

The proposed new accommodations are luxury flats; nothing in the plan is for affordable housing for the benefit of the local community

Points you might like to make on your written representation might be (use your own words):

  • There will be no affordable housing introduced if this goes ahead (Explain how important this is...)
  • Explain how the local community doesn't need luxury flats and how people living in luxury flats may not contribute to the local community at all...
  • Point out how luxury flats and their inhabitants could in fact endanger local community spirit, as they will be unlikely to put up with noise eminating from the bar, due to living far too close to it.
  • Etc.


3. In the absence of a financial viability assessment and legal agreement confirming adequate planning obligation can be provided, the proposal would fail to support the delivery of local infrastructure, facilities and services to meet the needs generated by this proposed development and to mitigate the impact of the proposal, contrary to Bromley Local Plan Policy 125 and Bromley Planning Obligations SPD (2010).

Great, but what does this mean in plain English?

We think this means that there is insufficient financial and planning evidence to confirm that the new replacement building could fulfil all of the requirements currently met by the existing building.

Points you might like to make on your written representation might be (use your own words):

  • Should the new bar or unwanted and un-needed convenince store fail, we are worried that the retail units could well end up empty after all. (Explain how a new convenience store could threaten the other stores on Windsor Drive)
  • If the financial stress upon the store that the local Post Office is in is too much, the local community could lose this. (Explain how important having a local Post Office is to the community - Remember older people use the facilites even if you don't yourself)
  • Lots of local community groups use the function room at the Chelsfield. If this is lost, where would these groups have? (Explain how important it is to the local community to have somewhere where local meetings, places to hold Wakes, Support groups etc. and how not having a place to hold these could destroy these community groups altogether)
  • Etc.


4. The proposed waste storage location for the residential and public house, by reason of its distance from the road and absence of a dedicated waste collection area for the residential and public house use would fail to provide adequate waste storage provision for the future users. In the absence of a dedicated waste storage area for the retail unit and the proposal would represent a cramped and poor design layout, contrary to London Plan Policy 5.16 and Bromley Local Plan Policy 113.

Great, but what does this mean in plain English?

The bins and waste storage area for the new pub and flats are too small and too far from the road. There is no dedicated waste storage are for the retail unit.

Points you might like to make on your written representation might be (use your own words):

  • Following the recent remodeling of the junction into Windsor Drive, bin lorries, deliveries, convenience store parking, bar parking and residential parking (visitors) would make this junction dangerous and overloaded. (Explain how this would be terrible for the quality of life for residents of the surrounding area.)
  • Etc.


5. In the absence of information to demonstrate that the proposed replacement public house would be viable and in view of the existing community function and services provided by the existing public house, to residents and communities, it is considered that the proposal would result in a loss of a highly valued public house in the area without adequate replacement contrary to draft London Plan Policy HC7 and Bromley Local Plan Policies 20 and 23.

Great, but what does this mean in plain English?

There is no evidence that the new pub would viable or that it would be granted the same level of licencing as the existing pub that enjoys live music and occasional late opening granted.

Points you might like to make on your written representation might be (use your own words):

  • If the bar wasn't viable due to things like the junction being overloaded, or people not wanting to go due to the overbearing nature of the building, how devastating would that be to the local community? (Explain how important it is to keep the Chelsfield for these reasons)
  • Etc.


6. In the absence of a bat survey, it is considered that the impact on biodiversity cannot be fully assessed and it is not demonstrated the proposal would comply with Bromley Local Plan Policy 72, London Plan Policy 7.19 and draft London Plan Policy G6.

Great, but what does this mean in plain English?

Although there was a bat (🦇 - as in Batman 😉) survey carried out it was inconclusive; the presence of bats (🦇) would not be enough to prevent this planning proposal.

Points you might like to make on your written representation might be (use your own words):

  • The Bromley local plan states that planning permission will not be granted for development of land that will have an adverse effect on protected species, unless mitigating measures can be secured.
  • It is unlikely that the presence of bats (🦇) would be enough to prevent this planning proposal from proceeding for very long
  • Etc.


7. The proposed development would result in the loss of a non-designated heritage asset which would not be adequately replaced by the replacement public house to the detriment of the local community contrary to Policy 40 of the Bromley Local Plan.

Great, but what does this mean in plain English?

Non-designated heritage assets are buildings, monuments, sites, places, areas or landscapes identified as having a degree of significance meriting consideration in planning decisions but which are not formally designated heritage assets. A substantial majority of buildings have little or no heritage significance and thus do not constitute heritage assets. Only a minority have enough heritage interest for their significance to be a material consideration in the planning process. The Bromley Planning Officer believes that our beautiful building is part of this minority.

Points you might like to make on your written representation might be (use your own words):

  • The pub is an attractive essential part of Chelsfield. The existing building has architectural significance and character, in good condition and well looked after. The proposed new pub is modern, would have a lack of ambience, a lack of character and would be uninviting.
  • The pub is a landmark building in Chelsfield and an asset to the local community. The building was constructed since World War 2 so has a long history in the local area. The existing shops and flats are unattractive so the pub adds relief to the area.
  • The pub is one of the few pubs in Orpington that has a nice vibe and feels safe. It is doubtful a new pub will be built as future planning applications would be submitted to amend the use.
  • The pub is close to station and popular with the commuters and is a venue considered to be a good place for elderly and disabled people to socialise.
  • New pub has no outdoor area for families to enjoy. The existing pub has a safe outside play area.
  • The existing public house supports local sports teams, musicians and charities so is a valuable asset to the community. The pub is also used as a meeting place for many clubs and groups. The proposal would result in a loss of the existing pub.
  • Etc.


If you would like to read the full PDF that we have created, please click below

View the PDF here (2.8mb)

If you're ready to write your written representation...

Click here to open the Planning Inspectorate site in a new tab