208 Higham Hill Road, LONDON, E17 5RQ

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — by N Kempton BA(Hons) PGDip MA IHBC MRTPI an Inspector appointed by the Secretary of State Decision date: 19 December 2023

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — 208 Higham Hill Road, LONDON E17 5RQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a failure to give notice within the prescribed period of a decision on an application for full planning permission. • The appeal is made by Raj Properties Limited against the Council of the London Borough of Waltham Forest. • The application Ref 223137, is dated 31 October 2022. • The development proposed is the change of use of first floor from Sui Generis, to C3 a separate one bed studio apartment. Reconfiguration of the ground floor front and rear elevations to create new access. Subdivision of the rear garden to create separate private amenity to newly created flat.

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — Decision 1. The appeal is allowed and planning permission is granted for the change of use of first floor from Sui Generis, to C3 a separate one bed studio apartment. Reconfiguration of the ground floor front and rear elevations to create new access. Subdivision of the rear garden to create separate private amenity to newly created flat at 208 Higham Hill Road, London E17 5RQ in accordance with the terms of the application, Ref 223137, dated 31 October 2022, and the plans submitted with it, subject to the conditions at the end of this decision.

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and https://www.gov.uk/planning-inspectorate

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and https://www.gov.uk/planning-inspectorate Appeal Decision APP/U5930/W/23/3316518 • make adequate provision for off-street parking, and the effect of any lack of provision on the amenity of the area and highway safety. Reasons 6. The appeal site is a two-storey end of terrace property, located on the eastern side of Higham Hill in close proximity to the junction with Claremont Road. The property is currently in mixed used: the ground floor is a commercial unit in use as a pizza takeaway; the first-floor unit is in residential use ancillary to the commercial unit and accessed from within the ground floor premises only. 7. The area is characterised by residential development, predominantly terraced housing, interspersed by a peppering of small-scale commercial units such as takeaway outlets and convenience stores. Living conditions of future occupiers 8. The floorspace to be provided in the flat would not be substantially different from that provided in the current arrangement. It would meet the minimum gross internal floor area of 39m2, as set out in the London Plan (2021) policy D6. The Council objects to the lack of a 1m2 built-in store in the flat.

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and However, given that the proposal reuses an existing accommodation above a shop, and noting the size of the back garden which would exceed the external amenity space standards as set out in policy DM7 of the Waltham Forest Local Plan Development Management Policies (2013), I give little weight to the that very minor conflict with policy D6. 9. The development would provide acceptable living conditions for future occupiers and otherwise meet the objectives of policies: CS2 Waltham Forest Local Plan- Core Strategy (2012) relating to improving housing quality and choice, which supports incorporating new homes into mixed use developments; the external amenity space standards set out in DM7 of the Waltham Forest Local Plan Development Management Policies (2013); and the Technical Housing Standards- nationally described space standard (2015). Cycle and refuse storage 10.There are no plans before me which show the design or location of the intended cycle and refuse storage. I have however visited the site and on the basis of my observations and the evidence before me, I am satisfied that the gardens associated with the property are sufficient to suitably accommodate the necessary cycle storage.

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and 11.I observed the existing commercial bin store sited in the alleyway in front of the pedestrian gate leading to the rear garden associated with the property. Use of this modest space for both commercial and domestic bin storage is likely to be restrictive, hindering access and egress to and from the garden. I am however, satisfied that the garden amenity space associated with the property is sufficient to suitably accommodate the necessary refuse storage. 12.The provision of cycle and refuse stores can be secured by condition. The proposal would thus provide appropriate cycle and refuse storage in accordance with the following policies of the Waltham Forest Local Plan Development Management Policies (2013): DM16 relating to parking; DM23 https://www.gov.uk/planning-inspectorate 2

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and Appeal Decision APP/U5930/W/23/3316518 relating to waste disposal associated with hot food takeaways; and DM32 on managing the impact of development on occupiers and neighbours. The proposal also accords with the objectives of policies CS6, CS13 and CS15 of the Waltham Forest Local Plan- Core Strategy (2012), which promote sustainable waste management, recycling, health and wellbeing, and well- designed buildings, places and spaces. Street parking 13.The Council considers that a Section 106 agreement is necessary to restrict the number of parking permits associated with the appeal property, in order to manage potential car parking pressure generated by the proposal and to ensure that car permits are not issued for this car-free development. It is noted that the appeal property is located within a Controlled Parking Zone (CPZ). 14.However, the appeal relates to existing residential accommodation. The proposed development would not create additional accommodation or result in the intensification of use of this residential accommodation. 15.As such, the proposed development is unlikely to generate additional pressure from occupiers for on-street parking.

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and For this reason, a Section 106 agreement limiting parking permits would not pass the test of necessity, nor would it be fairly and reasonably related in scale and kind to the development. 16.The proposal would not conflict with policy DM16 of the Waltham Forest Local Plan Development Management Policies (2013) which seeks to manage parking by restricting the occupiers of car-free developments from on-street parking permits in controlled parking zones, such as here. Nor would it conflict with policy CS7 of the Waltham Forest Local Plan- Core Strategy (2012) which relates to developing sustainable transport. Other Matters 17.Design: The Council has not objected to the proposed alterations to the façade on design grounds, deeming the proposed development to be in accordance with policy CS15 of the Waltham Forest Local Plan- Core Strategy (2012), which requires new development to respond positively to local context and character, promoting distinctiveness and sense of place. The alterations also accord with the design principles set out in policy DM29 of the adopted Waltham Forest Local Plan Development Management Policies (2013).

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and The proposed alterations to the fenestration on the front, street facing elevation reflect that of the adjoining property and would serve to restore this paired frontage. The improved façade would aid legibility. As such, the proposed development would not harm the character and appearance of the area. 18.Commercial unit: The commercial unit would continue, thereby retaining the non-designated employment space. The proposed reorganisation of the internal layout will impact upon the commercial floorspace but will not preclude or hinder the commercial use, rather it is accepted that a viable amount of commercial floorspace would be retained. https://www.gov.uk/planning-inspectorate 3

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and The proposed alterations to the fenestration on the front, street facing elevation reflect that of the adjoining property and would serve to restore this paired frontage. The improved façade would aid legibility. As such, the proposed development would not harm the character and appearance of the area. 18.Commercial unit: The commercial unit would continue, thereby retaining the non-designated employment space. The proposed reorganisation of the internal layout will impact upon the commercial floorspace but will not preclude or hinder the commercial use, rather it is accepted that a viable amount of commercial floorspace would be retained. https://www.gov.uk/planning-inspectorate 3

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and Appeal Decision APP/U5930/W/23/3316518 Conditions 19.In the interests of precision and clarity I have edited the suggested conditions. Condition (1) is the statutory time condition. Condition (2) relates to the approved plans and is necessary to provide certainty. Condition (3) is necessary to secure an appropriate palette of materials in the interests of the visual amenities of the locality. Condition (4) is necessary to secure provision of cycle storage in the interests of security and to encourage sustainable alternatives to car use. Condition (5) is necessary to secure appropriate refuse storage and recycling facilities. 20.A condition requiring the flat to be maintained as a one-person one-bedroom property was requested. However, this is considered to be unreasonable and unenforceable, and the condition has been omitted for these reasons. Conclusion 21.I have considered all the submitted evidence and subject to the conditions set out below, I conclude that the proposed development is in accordance with the relevant policies of the development plan when read as a whole and there are no material considerations to indicate that a decision should be taken other than in accordance with that plan.

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — • provide appropriate cycle and refuse storage facilities; and 22.For the reasons given above, the appeal is allowed and permission is granted.

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — N Kempton INSPECTOR Schedule of conditions 1. The development hereby permitted shall begin not later than 3 years from the date of this decision. 2. The development hereby permitted shall be carried out in accordance with the following approved plans: PL001 Existing Drawings, PL002 Proposed Drawings, PL003 Site Location Plans. 3. Before alterations to the façade are commenced, details of the materials to be used in the alterations to the front elevation including the shopfront and door hereby permitted, shall have been submitted to and approved in writing by the local planning authority. Development shall be carried out in accordance with the approved details. 4. Prior to occupation of the independent dwelling, full details relating to the design and siting of secure and lockable cycle storage shall be submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. 5. Prior to occupation of the independent dwelling, full details relating to the design and siting of the refuse storage and recycling facilities shall be https://www.gov.uk/planning-inspectorate 4

208 Higham Hill Road, LONDON, E17 5RQ — Waltham Forest London Borough Council — N Kempton Appeal Decision APP/U5930/W/23/3316518 submitted to and approved in writing by the local planning authority. The development shall be carried out in accordance with the approved details. END OF SCHEDULE OF CONDITIONS https://www.gov.uk/planning-inspectorate 5