®Planning appeal decision
6-14 Northwold Road, Hackney, LONDON, N16 7HR
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
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.
Judgments cited: 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
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.