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Planning appeal decision

Notice upheld29 October 20213276212

233 Stamford Road, DAGENHAM, RM9 4EJ

the material change of use of a single-family dwelling house to a House of Multiple Occupation

Authority
London Borough of Barking and Dagenham Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hartley D

Main issues, as the Inspector framed them

  • the effect of the loss of a family dwellinghouse in the Borough
  • the effect of the change of use on the living conditions of the occupiers of neighbouring properties in respect of noise and disturbance

What decided it

The identified conflict with the development plan in terms of the loss of a family dwellinghouse, which the Inspector found to be a matter of overriding concern with no material considerations indicating the decision should be made otherwise than in accordance with the development plan.

The loss of a home for tenants under Article 8 of the Human Rights Act 1998 was outweighed by the legitimate and proportionate response to addressing the breach of planning control in the public interest given the need to ensure a balanced housing stock in the Borough.

Framework references: 48, 130

Plan policies cited: Policy BC4 of the Borough Wide Development Policies Development Plan Document 2011, Policy BP8 of the Borough Wide Development Policies Development Plan Document 2011, Policy GG4 of the London Plan 2021, Policy H9 of the London Plan 2021, Policy H10 of the London Plan 2021

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.