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Planning appeal decision

Dismissed11 November 20223293956

80 Shelbourne Road, LONDON, N17 9XY

change of use from Dwelling to House of Multiple Occupancy HMO

Authority
London Borough of Haringey
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
McDonagh C

Main issues, as the Inspector framed them

  • Whether the change of use facilitates a car-free development that encourages walking, cycling and the use of public transport
  • The effect of the development on the living conditions of occupiers of neighbouring dwellings
  • Whether the development provides suitable living conditions for occupiers of the appeal property
  • Whether the development provides suitable provision for cycle parking and refuse storage

What decided it

The absence of a section 106 planning obligation to secure car-free status and prevent residents from obtaining parking permits, which was necessary to ensure compliance with sustainable transport policies in a location with poor public transport accessibility (PTAL rating 2).

The benefits of housing delivery were outweighed by the significant harm arising from the failure to secure car-free development and compliance with sustainable transport policies, assessed against the Framework as a whole under paragraph 11.

Framework references: 11

Plan policies cited: Policy T6 of the London Plan 2021, Policy DM32 of the Development Management DPD, Policy DM12 of the Development Management DPD, Policy DM17 of the Development Management DPD, Policy SP2 of the Local Plan Strategic Policies, Policy D6 of the London Plan 2021, Policy T5 of the London Plan 2021

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

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.