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Planning appeal decision

Notice upheld7 March 20243306540

118 Tallow Close, DAGENHAM, RM9 6EU

change of use from C3 to C4. Change of use of lounge to bedroom 5

Authority
London Borough of Barking and Dagenham Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Jones R

Main issues, as the Inspector framed them

  • the effect of the development on the Borough's stock of family housing
  • the effect of the development on the living conditions of occupants of the property and the occupants of neighbouring properties with particular regard to noise and disturbance
  • whether the property provides acceptable living conditions for its occupants, with particular regard to the provision of internal living space
  • the effect of the development on car parking (applicable to Appeals A and B)

What decided it

The loss of a four-bedroom family home, which the development plan policies seek to prioritise, combined with unacceptable harm to neighbouring living conditions through noise and disturbance, outweighed any benefits of the HMO use.

The adverse impacts of the development (loss of family housing, inadequate internal living space, significant harm to neighbouring living conditions through noise and disturbance, and increased parking stress) significantly and demonstrably outweighed the benefits when assessed against the policies in the Framework taken as a whole, such that the presumption in favour of sustainable development did not apply.

Framework references: 11, 63, 115, 135

Plan policies cited: DPD Policy BC4, DPD Policy BP6, DPD Policy PB8, DPD Policy BP11, DPD Policy BR9, CS Policy CM1, CS Policy CC1, CS Policy CM2, CS Policy CP3, DLP Policy DMH 5, DLP Policy SP3, DLP Policy SPDG 1, DLP Policy SP 7, DLP Policy DMD1, DLP Policy DMSI 3, DLP Policy SP2, London Plan Policy GG4, London Plan Policy H9, London Plan Policy H1, London Plan Policy H2, London Plan Policy D4, London Plan Policy D6, London Plan Policy D8

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.