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Split Decision7 November 20233302746

74 Linthorpe Road, Hackney, London, N16 5RF

Planning appeal 3302746 at 74 Linthorpe Road, Hackney, London, N16 5RF (London Borough of Hackney) was allowed in part (a split decision) on 7 November 2023 by Inspector Thompson F, following a hearing. The main issue, as the Inspector framed it: The effect of the developments on the character and appearance of the house and area generally.

Operational development comprising an elevated walkway over a rear lightwell, a part single/part two storey rear extension, a rear outrigger roof extension, and alterations to the front elevation (rendering, altered fenestration, enlarged bay window with new roof)

Authority
London Borough of Hackney
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Thompson F
Postcode
N16 5RF

Main issues, as the Inspector framed them

  • The effect of the developments on the character and appearance of the house and area generally
  • The effect of the rear extensions on the living conditions of the occupiers of 72 Linthorpe Road with particular regard to outlook, privacy and daylight/sunlight matters

What decided it

Whether each element of the development caused unacceptable harm to character/appearance or neighbouring living conditions determined which elements were permitted and which were refused.

The acceptable elements (walkway, single storey extension, raised bay window) were permitted as causing no material harm, while the harmful elements (outrigger extension, front rendering and fenestration changes) were refused as their removal would resolve the identified harm, resulting in a split decision rather than a weighed balance of benefits against harm.

What the Inspector cited

Development plan policies
Policy LP1Policy LP2Policy D4
Judgments
Evans v SSCLG [2014] EWHC 4111 (Admin)

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 Hackney

The authority’s record since 2016 · every decision in 2023

  1. Notice upheld23 September 20263368635
    Flat 6, Brooks Lodge, 194A Hoxton Street, London, N1 5HU
  2. Notice varied and upheld18 September 20263360724
    2B Woodberry Down, Hackney, London, N4 2TG
  3. Dismissed14 May 20266003534
    212 Millfields Road, London, E5 0AR
  4. Notice upheld27 March 20263337600
    72 Powerscroft Road, Hackney, London, E5 0PP
  5. Notice upheld27 March 20263337599
    74 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.

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.