| No. | Condition Text |
|---|
| 1. | Having regard to the recent Court of Appeal judgement in Finney v Welsh Ministers & Ors (Rev 1) [2019] EWCA Civ 1868 (05 November 2019) which addressed changing of the description of development under a Section 73 application, the resolution of which being that a change in the description of development would be outside the power conferred by section 73 of the Town and Country Planning Act 1990.
The proposed variation to the wording of condition 6, to omit reference to the installation of kitchen facilities to the bedrooms of the dwelling would through the provision of primary facilities in each room and alterations to the internal layout materially change the functioning of the dwelling to the extent that it could no longer be regarded as a HMO. This would necessitate not only the omission of Condition 6, but a change to the development description for the reasons outlined within the officer's report which would not be achievable through the Section 73 process. |
| 2. | The proposed self-contained units would result in living conditions that do not create a suitably high quality living environment for future occupiers. There would be significant failings in respect of internal spacing standards which, combined with limited outlook would be to the detriment of the amenity of future occupiers. The arrangement of living accommodation, internally and externally, would be substandard and would give rise to an overwhelming sense of enclosure in direct contrast to the aims of London Plan Policy 3.5, Policy DC61 of the LDF Core Strategy and Development Control Policies DPD and the National Planning Policy Framework. |
| 3. | Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: Consideration was given to seeking amendments, but given conflict with adopted planning policy, notification of intended refusal and the reason(s) for it was given to the applicant in writing 04-11-20. |
