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Planning appeal decision

Notice upheld29 April 20223272369

98 and 98a Clapton Common, Hackney, London, E5 9AL

Authority
London Borough of Hackney
Appeal type
enforcement · Appeal against Enforcement Listed Building Notice/Enforcement Conservation Area Notice
Procedure
Written Representations
Development
community-institutional · Other minor developments
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a contravention of section 9(1) or (2) of the Planning (Listed Buildings and Conservation Areas) Act 1990
  • Whether listed building consent ought to be granted for the works, having regard to the effect on the special architectural and historic interest of the listed building
  • Whether the requirements of the notice exceed what is necessary for restoring the building to its condition before the works were carried out
  • Whether the period specified for compliance is reasonable

What decided it

The cumulative effect of poorly designed modern features incorporating unsuitable materials and causing physical harm to the historic fabric, combined with the absence of evidence that less harmful security alternatives were considered, meant the public benefits did not outweigh the less than substantial but considerable harm to the listed building's significance.

Framework references: 132, 193, 196

Plan policies cited: Policy LP1, Policy LP3, Policy HC1, Policy D4, Policy D5

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.