65-69 Amhurst Park, London, N16 5DL

Main issues, as the Inspector framed them

• whether as a matter of fact and degree there was a material change in the use of 69 Amhurst Park, and the land to the rear of 65 and 67 Amhurst Park to a school
• whether the development is acceptable in principle having regard to local and national planning policy, including site availability and educational need
• the effect on the living conditions of neighbouring residents, having particular regard to noise, disturbance, including light pollution and privacy
• the effect of the development on the character and appearance of the area
• whether the development is in an accessible location and makes suitable provision for sustainable modes of transport
• whether the development makes suitable provision for waste/recycling management and storage
• whether the development incorporates measures to mitigate the impact on biodiversity
• whether the requirements are excessive to achieve the purpose(s) of the notice
• whether the compliance period of six months is reasonable and proportionate

What decided it

The substantial and unmitigable harm to the living conditions of neighbouring residents from noise and disturbance caused by the intensive use of the school playground and fire escape staircase.

The substantial harm to neighbours' living conditions and significant harm to character and appearance outweighed the benefits of uninterrupted education for 120 Charedi children and their best interests, so the adverse impacts significantly and demonstrably outweighed the benefits and the appeal was dismissed.