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Planning appeal decision

Dismissed18 March 20223265467

738-742 High Road, London, N12 9QD

Planning appeal 3265467 at 738-742 High Road, London, N12 9QD (London Borough of Barnet) was dismissed on 18 March 2022 by Inspector Coyne C, following a hearing. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of its future occupiers and on those of the neighbouring occupiers of no. 744 High Road having regard to privacy.

described on the application form as ‘Demolition of the existing building and the erection of a new mixed-use development with a commercial ground floor/basement unit and 19no. self-contained flats arranged over 5 storeys, along with a roof terrace communal amenity area and car parking arranged over the basement

Authority
London Borough of Barnet
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Coyne C
Postcode
N12 9QD

Main issues, as the Inspector framed them

  • the effect of the proposed development on the living conditions of its future occupiers and on those of the neighbouring occupiers of no. 744 High Road having regard to privacy
  • the effect of the proposed development on the living conditions of its future occupiers having regard to daylight and sunlight
  • the effect of the proposed development on the living conditions of the future occupiers of unit nos. 12 and 17 having regard to outlook
  • whether it would be economically viable for the proposal to provide affordable housing in accordance with the relevant policies of the adopted development plan for the area

What decided it

The cumulative material harm to living conditions from loss of privacy, inadequate daylight/sunlight and poor outlook outweighed the viability-based justification for providing no affordable housing.

The economic viability of providing no affordable housing, supported by an executed Unilateral Undertaking with review mechanisms, was not of sufficient weight to outweigh the material harm identified to living conditions, so the adverse impacts significantly and demonstrably outweighed the benefits.

What the Inspector cited

Development plan policies
Policy DM01Policy D3Policy D6Policy CS4Policy DM10

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 Barnet

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

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  3. Notice upheld28 August 20263361601
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  4. Notice varied and upheld27 August 20263361348
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  5. Notice upheld26 August 20263376088
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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.

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