- Decision
- dismissed, 28 August 2026
- Decided by
- Planning Inspector: N Unwin
- Authority
- Islington (London)
- Appeal reference
- 6008065
- Application reference
- P2025/2793/FUL
- Procedure
- written representations
- Development
- First-floor rear and mansard extensions and change of use from small HMO (C4) to large HMO (sui generis), 3 extra rooms
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- s38(6), Islington DMP H2
- Development plan policies
- Islington Local Plan Strategic and DM Policies 2023 H2, H10
- Main issues
- supply of family housing
Summary
A small HMO was to be enlarged and changed into a large sui generis HMO. Dismissed as a loss of family housing under local policy H2. The loss arises because a C4 HMO can revert to a C3 house under PD rights, but a large HMO cannot (DL ¶6-10). The 2026 Framework was noted, but only the development plan was applied.
What made the difference
The PD fallback runs one way. Keeping the property within C3/C4 preserves its potential as a family home. The appellant's intentions were irrelevant because "future owners may wish to" revert it (DL ¶9). The L2 substantial weight to more homes or floorspace was not argued or considered.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| H2 (Islington DMP) | conflict | C4 can revert to C3 family house under PD, sui generis large HMO cannot, so it is a loss of self-contained family housing without equivalent replacement (DL 6-10) |
Key facts
- Terraced three-storey house suitable as larger family housing (DL 5)
- Appellant's claim that the large HMO could later be reconverted via planning permission given limited weight (DL 9)
- 2026 Framework "does not change the planning policy context"; no Framework policy is cited in the reasoning (DL 2)
Related decisions
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.