Planning appeal decision
The land known as 42 Aldwych Close, HORNCHURCH, RM12 4JX
without planning permission, the material change of use of the land from a dwellinghouse to a mixed use self- contained studio flat and a house in multiple occupation
- Authority
- London Borough of Havering
- 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
- the effect of the development on the occupiers of neighbouring dwellinghouses in respect of noise and disturbance
- whether the development is acceptable in respect of the size of internal living accommodation
- the effect of the development on on-street car parking demand and the associated living conditions of nearby residents
What decided it
The material on-street car parking pressure that would result from the mixed-use development in a location with zero PTAL and limited spare capacity, combined with the substandard internal living conditions of the studio flat, significantly and demonstrably outweighed the limited housing benefits in the planning balance.
The benefits of additional housing delivery under paragraph 11d of the Framework and provision of low-cost housing were afforded only limited weight and were significantly and demonstrably outweighed by the identified harms: conflict with local plan policies, oppressive living conditions in the studio flat, and material on-street car parking pressure affecting neighbouring residents.
Framework references: 11, 130
Plan policies cited: Policy 8, Policy 9, Policy 24, Policy 7, Policy 3.1, London Plan 2021 table 3.1
Judgments cited: Welwyn Hatfield Borough Council v Secretary of State for Levelling Up, Housing and Communities & Anor [2022] EWHC 3175 (Admin)
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.
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