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Planning appeal decision

Notice upheld3 June 20213255790

45 Campden Crescent, Dagenham, RM8 2RS

Planning appeal 3255790 at 45 Campden Crescent, Dagenham, RM8 2RS (London Borough of Barking and Dagenham Council) was dismissed on 3 June 2021 by Inspector Thompson F, 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 (ground c).

without planning permission, the unauthorised material change of use of a single family dwellinghouse to a House of Multiple Occupation

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Thompson F
Postcode
RM8 2RS

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
  • The effect of the development on the stock of family housing in the borough
  • The effect of the development on the living conditions of occupiers and neighbouring residents
  • The effect of the development on the availability of on-street parking

What decided it

The appellant failed to discharge the burden of proof on ground (c) by providing sufficiently precise and unambiguous evidence that the HMO use was lawfully implemented before the Article 4 Direction removed permitted development rights, and on ground (a) the loss of family housing in conflict with Policy BC4 could not be justified.

The lack of harm in respect of living conditions and parking cannot outweigh the identified harm in respect of the loss of a family house and conflict with Policy BC4

What the Inspector cited

Development plan policies
Policy BC4Policy BP8Policy BR9
National Planning Policy Framework
Paragraph 213Paragraph 61

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 Barking and Dagenham Council

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

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.