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Planning appeal decision

Notice upheld27 November 20233307637

63-65 Broadway Market, Hackney, London, E8 4PH

Planning appeal 3307637 at 63-65 Broadway Market, Hackney, London, E8 4PH (London Borough of Hackney) was dismissed on 27 November 2023 by Inspector Phillips A, following a hearing. The main issue, as the Inspector framed it: the extent to which the development preserves or enhances the character or appearance of the Broadway Market Conservation Area.

the material change of use of the lower ground floor to a live music event space and operational development consisting of the hardstanding of the rear garden to create an outdoor area and installation of new door at ground floor level

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
leisure-sport · Change of use
Inspector
Phillips A
Postcode
E8 4PH

Main issues, as the Inspector framed them

  • the extent to which the development preserves or enhances the character or appearance of the Broadway Market Conservation Area
  • the effect on the living conditions of the occupants of nearby residential properties with particular reference to noise and disturbance

What decided it

The Inspector found that the new door had resulted in increased commercial activity generating harmful noise and disturbance to nearby residential occupants, causing conflict with the development plan as a whole, while the appellant also failed to establish immunity or permitted development rights for the other breaches.

the harm to living conditions from noise and disturbance associated with the new door outweighed its neutral effect on the Conservation Area, resulting in conflict with the development plan as a whole

What the Inspector cited

Development plan policies
Policy HC1 of the London Plan 2021Policy LP1Policy LP3Policy LP2Policy LP33Policy D14 of the London Plan

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.

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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. 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.

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