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Planning appeal decision

Notice varied and upheld15 January 20243305987

Unit 10, Fairweather Wharf, 10 Timberwharf Road, London, N16 6DB

Planning appeal 3305987 at Unit 10, Fairweather Wharf, 10 Timberwharf Road, London, N16 6DB (London Borough of Hackney) was allowed in part (a split decision) on 15 January 2024 by Inspector King T, following a hearing. The main issue, as the Inspector framed it: In terms of the loss of employment floorspace whether there is sufficient information available to demonstrate that the premises have been adequately, but unsuccessfully, marketed.

Without planning permission, the material change in the use of the property from an office on the first floor and storage and distribution on the ground floor (sui generis use) to a Class F1(f) for, or in connection with, public worship or religious instruction

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
community-institutional · Change of use
Inspector
King T
Postcode
N16 6DB

Main issues, as the Inspector framed them

  • In terms of the loss of employment floorspace whether there is sufficient information available to demonstrate that the premises have been adequately, but unsuccessfully, marketed
  • whether the development would give rise to conditions of noise and disturbance detrimental to the living conditions of neighbouring occupiers
  • whether changes made since the previous Inspector's decision amounts to appropriate provision for its users with regard to access and safety

What decided it

The Inspector found harm on all three main issues (marketing/employment floorspace, noise to neighbours, and access/safety) with no material considerations outweighing that harm.

the harm identified on all three main issues was not outweighed by any material considerations raised by the appellant, so the appeal on ground (a) failed

What the Inspector cited

Development plan policies
LP28LP27LP2LP8London Plan policy D14London Plan policy S3SHAAP policy 01
Judgments
Westminster CC v SSE & Aboro [1983] JPL 602

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 2024

  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. Allowed17 August 20266010972
    101 Dalston Lane, London, E8 1NH
  4. Allowed14 July 20266004379
    152 Bethune Road, London, N16 5DS
  5. Dismissed14 May 20266003534
    212 Millfields Road, London, E5 0AR

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.