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Planning appeal decision

Notice varied and upheld21 January 20223265401

144 Holmleigh Road, Hackney, London, N16 5PY

Planning appeal 3265401 at 144 Holmleigh Road, Hackney, London, N16 5PY (London Borough of Hackney) was allowed in part (a split decision) on 21 January 2022 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the rear extension and dormers are permitted development.

without planning permission, the material change of use of the Property to two self-contained flats, erection of a rear roof extension on the main roof slope and roof extension on the outrigger roof slope and the erection of a single storey rear extension with associated facilitation on the roof as a roof terrace

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hand S
Postcode
N16 5PY

Main issues, as the Inspector framed them

  • Whether the rear extension and dormers are permitted development
  • Whether the principle of creating two flats is acceptable
  • Whether the built elements should be retained on their own merits
  • Whether the compliance period is reasonable

What decided it

The roof terrace creates serious injury to neighbours' privacy through direct overlooking of gardens and views into rear windows, and the lack of required affordable housing and climate change mitigation contributions cannot be lawfully secured by condition.

What the Inspector cited

Development plan policies
LP42LP13LP55

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 Hackney

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld23 September 20263368635
    Flat 6, Brooks Lodge, 194A Hoxton Street, London, N1 5HU
  2. Notice varied and upheld18 September 20263360724
    2B Woodberry Down, Hackney, London, N4 2TG
  3. Dismissed14 May 20266003534
    212 Millfields Road, London, E5 0AR
  4. Notice upheld27 March 20263337600
    72 Powerscroft Road, Hackney, London, E5 0PP
  5. Notice upheld27 March 20263337599
    74 Powerscroft Road, Hackney, London, E5 0PP

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.