®Planning appeal decision
98 and 98a Clapton Common, Hackney, London, E5 9AL
Planning appeal 3272369 at 98 and 98a Clapton Common, Hackney, London, E5 9AL (London Borough of Hackney) was dismissed on 29 April 2022 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: 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.
Retention of unauthorised works including two storey rear extension, uPVC windows, boundary wall demolition and replacement, front garden wall, metal flue, artificial slate roof, water tank, security lights, signage, CCTV cameras, modern doors, decking, timber box structure, and steel gate and grille
- 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
- Postcode
- E5 9AL
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.
What the Inspector cited
- Development plan policies
- Policy LP1Policy LP3Policy HC1Policy D4Policy D5
- National Planning Policy Framework
- Paragraph 132Paragraph 193Paragraph 196
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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in London Borough of Hackney
The authority’s record since 2016 · every decision in 2022
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- Notice varied and upheld18 September 202633607242B Woodberry Down, Hackney, London, N4 2TG
- Dismissed14 May 20266003534212 Millfields Road, London, E5 0AR
- Notice upheld27 March 2026333760072 Powerscroft Road, Hackney, London, E5 0PP
- Notice upheld27 March 2026333759974 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.