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Planning appeal decision

Dismissed17 January 20243318481

1 Motley Avenue, LONDON, EC2A 4SU

the change of use of the ground floor office and upper floor maisonette to form a single-family dwelling with alterations to the rear of the ground floor to form amenity space

Authority
London Borough of Hackney
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hunter A

Main issues, as the Inspector framed them

  • the loss of the office use
  • whether future occupiers of the proposed dwelling would have satisfactory living conditions with particular regard to the proposed outdoor space, the amount of light available and the outlook from ground floor habitable rooms
  • whether the developer contributions relating to affordable housing, car-free development, carbon offsetting, and the monitoring and management of the obligations are reasonable and necessary to make the development acceptable

What decided it

The defectively drafted car-free development obligation that could not be properly enforced, combined with the unresolved conflict with policies requiring new development to be car-free in this well-connected area, could not be outweighed by the benefits of the proposed development.

Framework references: 9, 8, 124, 126, 57

Plan policies cited: Policy LP27, Policy FS01, Policy LP26, Policy SD4, Policy SD5, Policy E1, Policy D6, Policy LP2, Policy LP17, Policy LP13, Policy H4, Policy T6, Policy LP45, Policy LP55, Policy SI 2

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.