Land at 438 Larkshall Road, LONDON, E4 9JF

1) Without planning permission, the subdivision of the Land to facilitate: - a) the material change of use of the dwellinghouse (Use Class C3) to two separate self- contained flats (Use Class C3), and b) the material change of use of the domestic garage (Use Class C3) for the maintenance/repair/cleaning of motor vehicles (Use Class B1) together with the ancillary storage of motor vehicles and other items associated with the Class B1 use; 2) Without planning permission, the erection of a garage building (as shown in attached Photograph A)

Authority: Waltham Forest London Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Dyer S

Main issues, as the Inspector framed them

Whether or not the change of use to two flats makes adequate provision for internal and external space
The effect of the loss of on-site car parking provision
The effect of the change of use of the dwelling to two flats on the supply of family housing
The effect of the development on the living conditions of occupiers of neighbouring dwellings with particular regard to the potential for noise and disturbance
The effect of the garage building on the character and appearance of the site and the surrounding area
The effect of the garage building on the living conditions of the occupiers of 1 Coolgardie Avenue, with particular reference to overshadowing

What decided it

The development is contrary to the development plan in multiple respects, particularly the inadequate provision of internal and external space, loss of on-site parking in an area of high demand, loss of family housing, and harmful effect of the garage building on character and appearance, which together outweigh any material considerations in favour.

The Inspector found the development conflicted with the development plan on multiple grounds and therefore the presumption in favour of sustainable development did not apply; the harm from policy breaches was not outweighed by the appellant's arguments regarding sustainable development or the risk of homelessness to occupiers.

Plan policies cited: Policy D3 of the new London Plan, Policy D6 of the new London Plan, Policy CS15 of the Core Strategy, Policy DM4 of the Local Plan DMP, Policy DM6 of the Local Plan DMP, Policy DM7 of the Local Plan DMP, Policy DM16 of the Local Plan DMP, Policy DM29 of the Local Plan DMP, Policy DM32 of the Local Plan DMP

Read the decision letter on the Inspectorate’s site

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.