30 Canonbury Street, London, N1 2TD

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision Site visit made on 12 September 2025 by M Cryan BA(Hons) DipTP MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 17 October 2025 Appeal Ref: APP/V5570/W/25/3368384 30 Canonbury Street, London N1 2TD • 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 MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Dr Richard Marley against the decision of the Council of the London Borough of Islington. • The application reference is P2025/1016/PRA. • The development proposed is the change of use of the existing commercial unit (Class E) to provide a single self-contained three-bedroom residential unit (Class C3). Decision 1.

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision The appeal is allowed and prior approval is granted under the provisions of Article 3(1) and Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) for the change of use of the existing commercial unit (Class E) to provide a single self- contained three-bedroom residential unit (Class C3) at 30 Canonbury Street, London N1 2TD in accordance with the application reference P2025/1016/PRA and the details submitted with it, and subject to the following conditions: 1) The development hereby permitted shall be carried out in accordance with the following approved drawings and other documents: • Location Plan PL_EX_001 Rev A • Block Plan PL_EX_002 Rev A • Proposed Plans PL_GA_100 Rev A • Proposed Plans PL_GA_101 Rev A • Proposed Front and Side Elevations PL_GA_300 Rev A • Proposed Rear and Side Elevations PL_GA_301 Rev A • Daylight, Sunlight and Overshadowing Study (Model Environments, March 2025 Rev B) • Planning Statement (Stratagem Planning Consultants, 26 March 2025) 2) The residential use hereby approved shall not commence until details of suitable residential refuse and recycling enclosures/facilities have been submitted to and approved in writing by

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision the local planning authority. The facilities shall be provided in accordance with the approved details prior to the first occupation of the development, and retained as such thereafter. 3) The residential use hereby approved shall not commence until details of facilities for the secure, covered parking of two bicycles have been submitted to and approved in writing by the local planning authority. The facilities shall be provided in accordance with the approved details prior to the first occupation of the development, and retained as such thereafter. https://www.gov.uk/planning-inspectorate

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision The facilities shall be provided in accordance with the approved details prior to the first occupation of the development, and retained as such thereafter. 3) The residential use hereby approved shall not commence until details of facilities for the secure, covered parking of two bicycles have been submitted to and approved in writing by the local planning authority. The facilities shall be provided in accordance with the approved details prior to the first occupation of the development, and retained as such thereafter. https://www.gov.uk/planning-inspectorate

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/25/3368384 4) The residential use hereby approved shall not commence until arrangements have been made to secure the development as a car-free development in accordance with a detailed scheme or agreement which shall have first been submitted to and approved in writing by the local planning authority. The approved scheme or agreement shall ensure that: i) no occupiers of the approved development shall apply for, obtain or hold an on-street parking permit to park a vehicle on the public highway within the administrative district of the local planning authority (other than a disabled person’s badge issued pursuant to section 21 of the Chronically Sick and Disabled Persons Act 1970 or similar legislation); and ii) any occupiers of the approved development shall surrender any such permit wrongly issued or held. Such scheme or agreement shall be implemented prior to the occupation of the development hereby permitted and shall be retained and operated for so long as the use hereby permitted continues. Procedural Matter 2.

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision The proposed development was described on the original application form as “notification of Prior Approval for the change of use of the existing commercial unit (Class E) to provide a single self-contained three-bedroom residential unit (Class C3) under Class MA of Schedule 2 of the Town and Country Planning (General Permitted Development) Order 2015 (as amended)” (I refer to the Order hereafter as “the GPDO”). The Council used a revised description – “notification of Prior Approval for the change of use from a ground and basement floor commercial shop (Class E) to a single self-contained three-bedroom residential unit (Class C3)” – on the decision notice it issued. 3. The appellant had not agreed to this change. While I consider that either wording would provide an adequate description of the scheme (though I also note, as I address briefly below, that the appellant was keen to emphasise that the existing lawful use of the appeal property is not simply “a shop”), in view of this the description of development in the banner heading and my formal decision above is based on that used on the application form. Background and Main Issue 4.

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision The appeal relates to a three storey, end of terrace corner building, within the Canonbury Conservation Area (“the CCA”)1. A certificate of lawfulness was issued in 2013 for the use of the property as a “Class E unit over ground floor and basement with ancillary residential accommodation on upper floors”2. 5. Schedule 2, Part 3, Class MA of the GPDO permits development consisting of change of use of a building and any land within its curtilage from a use falling within Class E to a use falling within Class C3 (dwellinghouses). This is subject to the exclusions and conditions set out in paragraphs MA.1. and MA.2., which require a developer to apply to the local planning authority for a determination as to whether prior approval is required in relation to the matters set out in paragraph 1 The original decision notice issued by the Council referred to the St. Mary Magdalene Conservation Area, but this was a typographical error with no significant bearing on the facts of the case. 2 LPA Ref: P2023/1683/COL https://www.gov.uk/planning-inspectorate 2

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/25/3368384 MA.2.(2). These include at paragraph MA.2.(2)(e), where a building is within a conservation area and the proposed development involves a change of use of all or part of the ground floor, “the impact of that change of use on the character or sustainability of the conservation area”. 6. There is no dispute between the main parties that the proposal would comply with the other requirements of paragraph MA.2. The main issue is therefore whether the proposed development would have a materially adverse impact on the character or sustainability of the CCA. Reasons 7. The CCA is a predominantly residential area; the Council’s 2002 CCA Design Guidelines (“the DG”) describes it as having mostly been developed in the late 18th and early 19th centuries. Semi-detached Victorian villas predominate in many streets, with large gardens and mature trees; elsewhere there are terraces of various scales, and numerous street trees. The New River Walk, which passes very close to the appeal site, is an important feature of the area. The area is characterised by attractive high-quality buildings in a pleasant, spacious and verdant setting. 8.

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision Shopping frontages at St Paul’s Road and Canonbury Place, both of which are a few minutes’ walk north of the appeal property, provide local services; the DG notes that they make an important contribution to the character of the CCA. The DG goes on to say that often the best use for a building is that which it was designed for, that the Council will seek to retain public houses, shops and workshops in appropriate uses which will not diminish their special interest, and that the removal of individual established uses within the conservation area will not be permitted where they contribute to its character. 9. The appeal property is part of a short terrace of three buildings – Nos 26, 28 and 30 – on the east side of Canonbury Street at its junction with Arran Walk, close to the southern edge of the CCA. The appeal property has a shopfront which has recently been refurbished or reinstated under a 2024 planning permission3, though the doors and windows were boarded at the time of my site visit; it is the only property within the block for which the current lawful use is within Class E.

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision The evidence before me is that the convenience store, which previously occupied the ground floor and basement of the appeal property, closed in around 2010, and the unit has remained vacant since. The Marquess Tavern public house lies on the other side of Arran Walk from the appeal property, but the surrounding buildings are overwhelmingly residential. 10. The Council considers that the established commercial use of the appeal property “adds to the conservation area’s history and special interest”, that “it is one of the few retail units in a predominantly residential area”, and that the proposal would prevent the property “being brought back into productive use as a dispersed retail unit serving the local population”. The Council also commented that “no marketing evidence has been provided to demonstrate that the unit is no longer viable for commercial use”. 11. The proposed change of use would not entail any alterations to the exterior of the appeal property, though I entirely recognise that the significance and value of the 3 LPA Ref: P2024/0599/FUL https://www.gov.uk/planning-inspectorate 3

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/25/3368384 CCA are not simply derived from its appearance. Here though, the building’s traditional use as a shop unit would still be legible in the retained shopfront, and indeed the retained Canonbury Stores “ghost sign” on the rear elevation. Its historic role, and contribution to the special interest of the CCA, would therefore still be apparent (as is the case with the next door property No 28 which, by its appearance, was also a shop or other commercial unit at some point). 12. In seeking to retain commercial uses, the DG identifies specific shopfronts which the Council wishes to see retained on account of their positive contribution to the character and appearance of the CCA. The appeal property is not among them (though the Marquess Tavern is, the only such building on Canonbury Street so identified). It is not within a district or local centre on which the local community might depend for shopping or other services, nor is it part of an active parade where the loss of even one commercial unit might (according to the situation in the locality) begin, exacerbate, or complete a decline in the vibrancy or vitality of the neighbourhood.

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision In these respects, the circumstances of this case are quite different from those addressed by the Inspector dismissing an appeal at Ferntower Road4 in the Newington Green Conservation Area a short way north of Canonbury, and my reaching a different conclusion is justified. 13. Although no evidence of the marketing of the appeal property for Class E uses has been provided, that is not a requirement of the GPDO. While I note the Council’s desire that the space might “return to its historic retail use in the future”, the proximity of other retail centres (at Essex Road a short walk to the south, as well as St Pauls Road and Canonbury Place within the CCA already mentioned) and the fact that the unit has remained empty for around a decade and a half, may well suggest that this is an unlikely prospect. The proposal would bring property which has been vacant for a very considerable time back into worthwhile use, while retaining visual indicators of its past life and contribution to the area. 14. Taking all of this together, I am satisfied that the proposed development would not have a materially adverse impact on the character or sustainability of the CCA. Conditions 15.

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision Part 3 paragraph W.(13) of the GPDO allows for the grant of prior approval unconditionally or subject to conditions reasonably related to the subject matter of the prior approval. I have had regard to the conditions suggested by the Council, and to comments made during the appeal by the appellant (which related only to the matter of parking permits). 16. Development under Class MA is permitted subject to standard conditions set at paragraphs MA.2.(5) and (6) which include that the development must be completed within a period of 3 years starting with the prior approval date. It is not therefore necessary to impose the commencement time limit condition which the Council suggested. Nor is it necessary to impose the suggested condition relating to materials, as the development would not involve any physical changes to the appearance of the exterior of the building. A condition specifying the approved plans and other documents (1) is necessary for certainty. 17. The Council suggested conditions relating to the provision of storage of cycles, and of refuse and recycling; this is to support the use of sustainable means of 4 PINS Ref: APP/V5570/W/23/3320826 https://www.gov.uk/planning-inspectorate 4

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/25/3368384 transport, in the case of bicycles, and to ensure the safe and efficient use of the highway, in the case of waste and recycling. It is also important that such facilities are provided in a way which does not cause harm to the character or appearance of the CCA. While a storage and bicycle room on the lower ground floor – illustrated with two parked bikes – was shown on the submitted plans, as my site visit only took in the outside of the property I do not know whether this would be “fit for purpose”; nowhere was shown for the storage of refuse and recycling bins or containers. Conditions requiring the submission and approval of details of the facilities (2 and 3) are therefore necessary. 18. The appeal property is within a controlled parking zone, and the proposed development was described in the submitted Planning Statement as being car- free. However, there is presently no means by which that status could be secured. While I note the appellant’s comment on this matter, it is necessary to impose a condition on this matter (4) in the interests of sustainable travel, and to ensure that the development is carried out in the form it was proposed.

30 Canonbury Street, London, N1 2TD — London Borough of Islington — Appeal Decision I have amended the wording from that suggested so that the condition accords with guidance set out in the National Planning Policy Framework and the Planning Practice Guidance. Conclusion 19. For the reasons given above I conclude that the appeal should be allowed, and prior approval granted.

30 Canonbury Street, London, N1 2TD — London Borough of Islington — M Cryan Inspector https://www.gov.uk/planning-inspectorate 5