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Planning appeal decision

Notice upheld29 October 20213276212

233 Stamford Road, Dagenham, RM9 4EJ

Planning appeal 3276212 at 233 Stamford Road, Dagenham, RM9 4EJ (London Borough of Barking and Dagenham Council) was dismissed on 29 October 2021 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: the effect of the loss of a family dwellinghouse in the Borough.

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
Postcode
RM9 4EJ

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.

What the Inspector cited

Development plan policies
Policy BC4 of the Borough Wide Development Policies Development Plan Document 2011Policy BP8 of the Borough Wide Development Policies Development Plan Document 2011Policy GG4 of the London Plan 2021Policy H9 of the London Plan 2021Policy H10 of the London Plan 2021
National Planning Policy Framework
Paragraph 48Paragraph 130

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 Barking and Dagenham Council

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

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  3. Dismissed13 April 20266002839
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  4. Dismissed27 March 20263370715
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  5. Notice varied and upheld27 March 20263340354
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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.