®Planning appeal decision
236 Upper Street, London, N1 1RU
Planning appeal 3310410 at 236 Upper Street, London, N1 1RU (London Borough of Islington) was dismissed on 24 May 2023 by Inspector Wallace J, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- N1 1RU
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.
What the Inspector cited
- Development plan policies
- London Plan adopted March 2021 Policy D14Islington Local Plan: Development Management Policies adopted June 2013 Policy DM2.1Ax
- National Planning Policy Framework
- Paragraph 56
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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in London Borough of Islington
The authority’s record since 2016 · every decision in 2023
- Allowed22 October 20266006605131 - 132 Upper Street, London, N1 1QP
- Dismissed24 September 202660055902 Highbury Grove Court, Highbury Grove, London, N5 2NG
- Notice varied and upheld10 September 20263355155204 Blackstock Road , London, N5 1EN
- Dismissed28 August 2026600262872 Prebend Street, London, N1 8PR
- Dismissed4 March 2026337333172 Prebend Street, London, N1 8PR
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.