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Planning appeal decision

Notice varied and upheld11 February 20223270217

Shop Unit 1, 257 New Cross Road, London, SE14 5UL

Planning appeal 3270217 at Shop Unit 1, 257 New Cross Road, London, SE14 5UL (London Borough of Lewisham) was allowed in part (a split decision) on 11 February 2022 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions of neighbouring residents, with regard to odours.

Change of use to sui generis nail Bar (fumes rising into upper flat), without the benefit of planning permission

Authority
London Borough of Lewisham
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Moss J
Postcode
SE14 5UL

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of neighbouring residents, with regard to odours

What decided it

The unacceptable effect of the nail bar use on the living conditions of neighbouring residents through odours from chemicals, which could not be demonstrated to be adequately mitigable through conditions, significantly outweighed the limited benefits of employment and commercial activity.

What the Inspector cited

Development plan policies
Core Strategy Policy 9DM Policy 23DM Policy 31
National Planning Policy Framework
Paragraph 11Paragraph 8Paragraph 185

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 Lewisham

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

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  2. Notice varied and upheld19 March 20263290410
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  3. Quashed On Legal Grounds11 March 20263352755
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  4. Notice varied and upheld26 February 20263342757
    11 Dunkery Road, London, SE9 4HX
  5. Notice varied and upheld16 February 20263355454
    51 Sydenham Road, London, SE26 5EX

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.