®Planning appeal decision
236 Upper Street, LONDON, N1 1RU
Retrospective Change of use from a retail unit to a restaurant/cafes (Class E); the installation of mechanical plant (extractors and air conditioning unit) on the rear roof of the building; installation of an air conditioning unit in the rear garden; and a single storey rear extension to the building including installation of rooflights. Retention of existing shopfront alterations with use of the front tables and chairs and external alterations to rear elevation including installation of rooflights without complying with conditions attached to planning permission Ref P2020/1364/FUL, dated 31 March 2021
- Authority
- London Borough of Islington
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- retail · Other minor developments
- Inspector
- Wallace J
Main issues, as the Inspector framed them
- The effect that varying the use of the garden area and restrictions on opening the windows and doors would have on the living conditions of surrounding occupiers with particular regard to noise, disturbance and odour
What decided it
The lack of substantive evidence that the proposed variation would not significantly exacerbate noise and disturbance to neighbouring residential occupiers, combined with the ineffectiveness and unenforceability of the proposed mitigation measures.
Framework references: 56
Plan policies cited: London Plan adopted March 2021 Policy D14, Islington Local Plan: Development Management Policies adopted June 2013 Policy DM2.1Ax
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.