Case 3329632

8 Wincanton Gardens, Ilford, Essex, IG6 2BP

London Borough of Redbridge — appeal dismissed

Outcome
Dismissed
Decision date
20 June 2024
Authority
London Borough of Redbridge
Inspector
Ellison H
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Ahmed Ishtiaq
LPA reference
1078/23
ONS LPA code
E09000026
Jurisdiction
Transferred
Link status
Not Linked
Start date
19 February 2024

Summary AI

The appeal was dismissed due to the proposal not constituting permitted development. The appeal property is a residential dwelling and the proposed change of use is not allowed under Schedule 2, Article 3, Part 3, Class T of the GPDO.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

8 Wincanton Gardens, Ilford, Essex, IG6 2BP — London Borough of Redbridge — Appeal Decision Site visit made on 11 June 2024 by Hannah Ellison BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 20 June 2024 Appeal Ref: APP/W5780/W/23/3329632 8 Wincanton Gardens, Barkingside, Redbridge, Ilford IG6 2BP • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 3, Class T of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Mr Ahmed Ishtiaq against the decision of the Council of the London Borough of Redbridge. • The application Ref is 1078/23. • The development proposed is the conversion of residential house into a guest house. Decision 1. The appeal is dismissed. Main Issue 2. Whether the proposal constitutes permitted development. Reasons 3. The appellant made an application for prior approval under Article 3(1) and Schedule 2, Part 3, Class T of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO).

Page 1 · Chunk 1 Appeal Decision

8 Wincanton Gardens, Ilford, Essex, IG6 2BP — London Borough of Redbridge — Appeal Decision This Class allows for a change of use of a building and any land within its curtilage from a use falling within Class C1 (hotels), C2 (residential institutions), C2A (secure residential institutions) or Class E (commercial, business or service) of the Use Classes Order to use as a state-funded school falling within Class F.1(a) to that Order. 4. The appeal property does not fall within any of the aforementioned use classes as it is a residential dwelling in Use Class C3. The proposed change of use cannot therefore be considered under this Class of the GPDO. Furthermore, the proposed change of use to a guest house also does not fall within the scope of this particular Class of permitted development as a guest house is not a learning and non-residential institution for the provision of education within Class F.1(a). 5. Accordingly, the proposal is not permitted development under Schedule 2, Article 3, Part 3, Class T of the GPDO as applied for, thus it is unnecessary and inappropriate for me to proceed to consider the prior approval matters, including highway and noise impacts of the proposal, set out in T.2 (1)(b). Consequently, the appeal should not succeed.

Page 1 · Chunk 2 H Ellison

8 Wincanton Gardens, Ilford, Essex, IG6 2BP — London Borough of Redbridge — H Ellison INSPECTOR https://www.gov.uk/planning-inspectorate

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Housing land supply
Against appellant
¶3

The appeal property does not fall within the specified use classes for permitted development under Schedule 2, Article 3, Part 3, Class T of the GPDO.

Housing land supply
Against appellant
¶4

A guest house is not a learning and non-residential institution for the provision of education within Class F.1(a), making the proposed change of use not permitted development.

External appearance
Against appellant
¶5

The proposal is not permitted development, making it unnecessary to consider highway and noise impacts.

Policies relied on

Reference Weight
Schedule 2, Article 3, Part 3, Class T of the GPDO
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 1 pages, issued by the Planning Inspectorate on 20 June 2024 under the Open Government Licence.