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Planning appeal decision

Notice upheld19 October 20213249944

6-14 Northwold Road, Hackney, London, N16 7HR

Planning appeal 3249944 at 6-14 Northwold Road, Hackney, London, N16 7HR (London Borough of Hackney) was dismissed on 19 October 2021 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control.

Without planning permission, the material change of use of the ground floor level of the Property to 14 self-contained flats (use class C3) and external alterations (namely the insertion of new windows and doors); and, the material change of use of part of the third floor level of the Property to 6 self-contained flats

Authority
London Borough of Hackney
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Madge M
Postcode
N16 7HR

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control
  • Whether the development benefits from planning permission granted under Article 3(1) of the GPDO 2015
  • Whether the steps required to comply with the notice are excessive
  • Whether the period for compliance is unreasonably short

What decided it

The development as executed differed substantially from the three prior approval schemes in access corridor position, floor areas, footprints, and locations of entrance doors, kitchens, bathrooms and windows, such that it constituted development without planning permission rather than a minor deviation from approved plans.

What the Inspector cited

Judgments
Miller Mead v MHLG [1963] 1 A11 ER 459; Commercial Land Ltd v SSTLR & Kensington and Chelsea RBC [2002] EWHC (ADMIN); [2003] JPL 358; Garland v MHLG [1968] 20 P&CR 93; Ioannou v SSCLG [2014] EWCA Civ 1432

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Hackney

The authority’s record since 2016 · every decision in 2021

  1. Notice upheld23 September 20263368635
    Flat 6, Brooks Lodge, 194A Hoxton Street, London, N1 5HU
  2. Notice varied and upheld18 September 20263360724
    2B Woodberry Down, Hackney, London, N4 2TG
  3. Dismissed14 May 20266003534
    212 Millfields Road, London, E5 0AR
  4. Notice upheld27 March 20263337600
    72 Powerscroft Road, Hackney, London, E5 0PP
  5. Notice upheld27 March 20263337599
    74 Powerscroft Road, Hackney, London, E5 0PP

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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