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Planning appeal decision

Notice upheld8 September 20213258074

Land at 438 Larkshall Road, London, E4 9JF

Planning appeal 3258074 at Land at 438 Larkshall Road, London, E4 9JF (Waltham Forest London Borough Council) was dismissed on 8 September 2021 by Inspector Dyer S, by written representations. The main issue, as the Inspector framed it: Whether or not the change of use to two flats makes adequate provision for internal and external space.

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
Postcode
E4 9JF

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.

What the Inspector cited

Development plan policies
Policy D3 of the new London PlanPolicy D6 of the new London PlanPolicy CS15 of the Core StrategyPolicy DM4 of the Local Plan DMPPolicy DM6 of the Local Plan DMPPolicy DM7 of the Local Plan DMPPolicy DM16 of the Local Plan DMPPolicy DM29 of the Local Plan DMPPolicy DM32 of the Local Plan DMP

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 Waltham Forest London Borough Council

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

  1. Dismissed28 September 20266011926
    220 Hoe Street, Walthamstow, London, E17 3AY
  2. Dismissed28 September 20266011324
    L/A to 2 Claremont Road, London, E17 5RJ
  3. Dismissed18 September 20266011375
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  4. Dismissed30 July 20266008789
    200 202 Billet Road, Walthamstow, E17 5DX
  5. Allowed21 July 20266006927
    8 Mulberry Close, Chingford, London, E4 8BS

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.