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Planning appeal decision

Dismissed20 August 20213267317

250, Green Street , London , E7 8LE

Planning appeal 3267317 at 250, Green Street , London , E7 8LE (London Borough of Newham) was dismissed on 20 August 2021 by Inspector Burnham T, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the living conditions of the occupiers of the first floor flat as a result of the positioning of the extraction flue, with particular regard to noise, cooking odours and fumes.

Change of use from class E(a) retail to E(b) restaurant at ground and basement, demolition of existing part of building to be rebuilt with side windows, construction of a ground floor rear extension and proposed loft conversion with rear dormer including two velux windows on the front elevation to the first floor flat

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Change of use
Inspector
Burnham T
Postcode
E7 8LF

Main issues, as the Inspector framed them

  • The effect of the proposal on the living conditions of the occupiers of the first floor flat as a result of the positioning of the extraction flue, with particular regard to noise, cooking odours and fumes
  • The effect of the extraction flue on the character and appearance of the area

What decided it

The extraction flue would expose occupiers of the first-floor flat to unacceptable levels of cooking odours and fumes via the bedroom window, resulting in unacceptable harm to their living conditions which the Inspector afforded significant weight.

The social and economic benefits of the restaurant and additional living accommodation were outweighed by the unacceptable harm to the living conditions of the occupiers of the first-floor flat.

What the Inspector cited

Development plan policies
Policy SP1Policy SP2Policy SP3Policy SP8Policy S6Policy H1

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.

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The decision letter

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More decisions in London Borough of Newham

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

  1. Dismissed21 October 20266014267
    Rear Of 90 Cumberland Road, Plaistow, London, E13 8LQ
  2. Dismissed2 October 20266011081
    239 Barking Road, London, E6 1LB
  3. Allowed16 September 20266011381
    238 Caulfield Road, East Ham, London, E6 2DQ
  4. Notice varied and upheld10 August 20263362536
    32 Kerrison Road, London, E15 2TH
  5. Notice varied and upheld4 August 20263358326
    42 Disraeli Road, Forest Gate, London, E7 9JP

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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