Case 3376176

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE

London Borough of Islington — appeal dismissed

Outcome
Dismissed
Decision date
30 April 2026
Authority
London Borough of Islington
Inspector
Unwin N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Change of use
Appellant
Mr Dowlatzay Shahistanoor
LPA reference
P2025/0386/FUL
ONS LPA code
E09000019
Jurisdiction
Transferred
Link status
Not Linked
Start date
16 December 2025

Summary AI

The appeal for a planning permission to convert a two-flat property into three self-contained units was dismissed due to the proposal's failure to meet living conditions standards, impact on housing supply, and lack of sustainable transport features. The inspector noted that the proposal would provide substandard living space, fail to provide adequate external living space, and create a barrier to cycling. The appeal was dismissed as the harm caused by the proposal outweighed any benefits, and no material considerations could outweigh the conflict with the development plan.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision Site visit made on 16 March 2026 by N Unwin BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 30 April 2026 Appeal Ref: APP/V5570/W/25/3376176 First and Second Floors, 108 Seven Sisters Road, London N7 6AE • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Mr Dowlatzay Shahistanoor against the decision of the Council of the London Borough of Islington. • The application Ref is P2025/0386/FUL. • The development proposed is described as: Conversion of use of the first and second floor levels to 3 x HMO rooms with a kitchenette. Each room will be occupied by 1 x person. Cycle parking and storage will be provided in a room on the first floor. Small waste bins will be provided within the bedrooms and the applicant would have arrangements with private waste removal company. Decision 1. The appeal is dismissed. Preliminary Matters 2.

Page 1 · Chunk 1 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision The appellant contends that the first and second floor of the appeal property form three separate flats with a one bed flat on the second floor and two studio flats on the first floor. Nonetheless, the Council has submitted that the council tax records only show two separate dwellings at the address and no planning history is before me to suggest the subdivision into three dwellings. As such, on the evidence before me, I have determined the appeal on the basis of the appeal property comprising two flats, one at first and another at second floor levels. Background and Main Issues 3. The appeal relates to a planning application that was not determined by the Council within the prescribed period. I note that the Council would have refused planning permission should it have made a decision on the development. I have had regard to the parties’ submissions in establishing the main issues which are: • the effect of the proposal on the living conditions of future occupiers with specific regard to internal and external living space; • whether the proposal would be acceptable in terms of its effect on the housing supply within the borough; and • whether the proposal would adequately promote sustainable modes of transport.

Page 1 · Chunk 2 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision https://www.gov.uk/planning-inspectorate Appeal Decision APP/V5570/W/25/3376176 Reasons Living conditions 4. The appellant maintains that the proposal would form a small House in Multiple Occupation (HMO) comprising three bedrooms. The Islington Local Plan Strategic and Development Management Policies (2023) (the SDMP) defines the term ‘HMO’ as living accommodation sharing basic amenities such as a kitchen or bathroom. 5. The appeal proposal includes three separate ‘bedrooms’ including individual kitchen and bathroom facilities. There appears no formal communal area excluding a storage/ utility room which the appellant states will contain a bike store and laundry facilities. As such the proposal fails to provide the necessary communal facilities defined within the SDMP to be considered a HMO and future occupiers would likely rely on these rooms as their primary living space. The appellant accepts that these could be considered bedsits, however the fact remains that the proposed ‘bedrooms’, given the inclusion of kitchens and bathrooms, would effectively operate as three self-contained properties. 6.

Page 2 · Chunk 4 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision The minimum internal space standards for new dwellings set out within the London Plan: The Spatial Development Strategy for Greater London (2021) (the London Plan) gives the minimum gross internal floor area for a one bed, one person dwelling of 37 square metres (with shower room). The proposed ‘bedrooms’ have floor areas of approximately 13.15, 13.38, and 21.98 square metres, well below the minimum set out within the London Plan. Whilst the proposal may have adequate outlook, privacy, and air circulation, this does not outweigh the harm caused by the substandard living space. 7. The appellant contends that a condition could secure the use of the proposal as a HMO, nonetheless no such condition is before me. Further, any such condition would conflict with the proposed plans which do not show the required communal facilities to meet of the SDMP’s definition of a HMO and therefore could not reasonably be imposed. 8. Policy H5 of the SDMP requires all new residential development and conversions to provide private outdoor space in the form of balconies for upper floor dwellings.

Page 2 · Chunk 5 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision Whilst the existing two flats do not appear to possess any external outdoor living space, the proposal would effectively create three self-contained flats and therefore an additional unit without private external living space. The proposal would, as a consequence, provide inadequate external living space for future users. 9. As such, for the reasons above I conclude that the proposal would have un unacceptable effect on the living conditions of future occupiers with regard to internal and external living space. The proposal would therefore conflict with the relevant provisions of Policy D6 of the London Plan and Policy H5 of the SDMP. When read together these require development to provide at least the minimum standards of gross internal floor area and private outdoor space. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/25/3376176 Housing supply 10. The appeal site comprises a three-storey terrace property with the ground floor commercial and residential above. The proposal would involve the conversion of the two residential units to three self-contained units and separate storage/ utility. 11. Policy H8 of the London Plan requires loss of existing housing to be replaced by new housing at existing or higher densities. Policy H2 of the SDMP supports the loss of self-contained housing where the housing is replaced by at least equivalent floorspace and does not involve the net loss of more than one unit. 12. The proposal would effectively create three self-contained dwellings. All three are well below the required gross internal floor space standards and therefore unacceptable for use as such. Whilst the existing flat at second floor level is slightly below the required 37 square metres, the area of the first floor is well in excess of this. Therefore, the proposal would result in the loss of a single unit meeting the required gross internal floor area standards.

Page 3 · Chunk 7 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision The total floor area of the three proposed self-contained units, not including the separate store/ utility which does not form part of any of the units, would be below that of the combined floor area of the existing first and second floor flats. Consequently, while there would be an increase of one unit, the proposal would not result in replacement of the two existing flats with housing of equivalent floor space. 13. As such, for the reasons above I conclude that the proposal would have an unacceptable effect on the supply of housing within the borough and conflict with the relevant provisions of Policy H8 of the London Plan and Policy H2 of the SDMP. Sustainable transport 14. The proposal would involve a store/ utility containing cycle parking on the first floor, accessed via a staircase. The staircase from the ground floor entrance along Seven Sisters Road to the first floor is relatively steep and narrow, as observed during my site visit. It would therefore make it impractical for future occupiers of the proposed units to carry bicycles up the stairs to access the cycle parking on the first floor, particularly for those with mobility issues.

Page 3 · Chunk 8 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision It would consequently discourage future occupiers from utilising cycling as a mode of transport. 15. As such, the proposal would not adequately promote sustainable modes of transport. The proposal would conflict with the relevant provisions of Policy T5 of the London Plan and Policy T2 of the SDMP. When read together these require development to remove barriers to cycling, securing the provision of appropriate levels of cycle parking which should be fit for purpose, and practically useful for the majority of people. Planning Balance 16. The proposal would provide unsatisfactory living accommodation for future occupiers, would fail to adequately promote sustainable forms of transport and would have an unacceptable effect on housing supply drawing into conflict with the development plan as a whole. 17. I note the appellant’s suggested fall-back position of a permitted change of use to a HMO for up to 6 persons. Even if this were to be the case, it would attract limited https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 9 Appeal Decision

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — Appeal Decision Appeal Decision APP/V5570/W/25/3376176 weight, given that that there are no associated plans demonstrating how it could be accommodated satisfactorily within the existing floorspace. 18. Whilst the proposal is within a sustainable location, with a high PTAL rating and close to shops and other facilities, this does not outweigh the above identified harm. Conclusion 19. For the reasons given above there are no material considerations that would outweigh the conflict with the development plan and therefore the appeal should be dismissed.

Page 4 · Chunk 10 N Unwin

First and Second Floors, 108 Seven Sisters Road, LONDON, N7 6AE — London Borough of Islington — N Unwin INSPECTOR https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Living conditions
Against appellant
¶4

The proposal would fail to provide the necessary communal facilities to meet the definition of a HMO, and future occupiers would rely on the rooms as their primary living space. The minimum internal space standards for new dwellings were not met, and the proposed bedrooms would effectively operate as three self-contained properties.

Living conditions
Against appellant
¶6

The proposed bedrooms have floor areas well below the minimum set out within the London Plan, and this outweighs any benefits of adequate outlook, privacy, and air circulation.

Living conditions
Against appellant
¶8

The proposal would create three self-contained flats without private external living space, providing inadequate external living space for future users.

Housing land supply
Against appellant
¶12

The proposal would result in the loss of a single unit meeting the required gross internal floor area standards, and would not result in replacement of the two existing flats with housing of equivalent floor space.

Other
Against appellant
¶14

The staircase from the ground floor entrance to the first floor is steep and narrow, making it impractical for future occupiers to carry bicycles up the stairs to access the cycle parking, discouraging cycling as a mode of transport.

Other
Against appellant
¶17

The proposal would attract limited weight even if it were to be the case, given that there are no associated plans demonstrating how it could be accommodated satisfactorily within the existing floorspace.

Policies relied on

Reference Weight
Policy D6 of the London Plan
Determinative
Policy H5 of the SDMP
Determinative
Policy H8 of the London Plan
Determinative
Policy H2 of the SDMP
Substantial
Policy T5 of the London Plan
Substantial
Policy T2 of the SDMP
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 30 April 2026 under the Open Government Licence.