The Regents Canal and Brunswick and Columbia Wharf, 53-55 Laburnum Street, Hackney, London, E2 8BD

Main issues, as the Inspector framed them

• Appeal A ground (a): the effect of the appeal development on the character and appearance of the area, including the Regent's Canal Conservation Area and the setting of neighbouring listed buildings
• Appeal A ground (a): the effect of the appeal development on the living conditions of neighbouring residents
• Appeal A ground (a): if there is harm, whether it is outweighed by public benefits of the appeal development to justify a grant of planning permission
• Appeal B ground (a): the effect of the appeal development on the character and appearance of the area, including the Regent's Canal Conservation Area and the setting of neighbouring listed buildings
• Appeal B ground (a): the effect of the appeal development on the living conditions of neighbouring residents
• Appeal B ground (a): the effect on the vitality and viability of existing town centres
• Appeal B ground (a): if there is harm, whether it is outweighed by public benefits of the appeal development

What decided it

For Appeal A, the incongruous appearance and consequent harm to the conservation area (not outweighed by public benefit) determined refusal for most structures, while absence of harm justified permission for the platform and decking; for Appeal B, the absence of demonstrable harm to character, living conditions and town centre vitality (once properly conditioned) determined that permission should be granted for the mixed use.

In Appeal A, less than substantial harm to the conservation area from Wikkelhouse, Structure 4, the lath fence and metal fence was not outweighed by the limited public benefits identified, whereas the platform and decking caused no harm and was permitted; in Appeal B, the benefit of re-using site buildings in the conservation area and the absence of demonstrated harm (once conditions were imposed) outweighed the conflict with Policies LP10 and LP32.