# 239 Barking Road, East Ham (two studio flats above a car wash waiting area)

- **Decision:** dismissed, 2 October 2026
- **Decided by:** Planning Inspector: L Fern
- **Authority:** Newham (London)
- **Appeal reference:** 6011081
- **Application reference:** 26/00723/FUL
- **Procedure:** written-representations
- **Development:** Demolition of a single-storey rear structure and erection of a two-storey building with a ground-floor waiting area for the existing hand car wash and two self-contained studio flats above
- **Homes:** 2
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** DP3(3), DP3(1), S4(1)
- **Development plan policies:** London Plan 2021 D3, D4, D6, GG4, T1, T5, SI7, Newham Local Plan 2018 SP1, SP3, SP8, H1, INF2, INF3
- **Main issues:** character and appearance, living conditions of future occupiers, living conditions of neighbours, cycle and waste storage
- **Tags:** s4-within-settlement, s4-substantially-outweighed, dp3-refuse-trigger, design-refusal, living-conditions, small-scheme, drafting-slip, local-policy-consistency, transitional-no-consultation

## Summary
Two studio flats over a car wash waiting area behind shops on Barking Road, East Ham. The inspector found harm to the Aintree Avenue street scene, poor living conditions for future occupiers and neighbours, and no workable cycle or waste storage. Housing and effective use of land got substantial weight despite the small scale, but the design conflict with DP3 (which the letter calls "D3") was treated as a "should be refused" policy, and under S4 the benefits were substantially outweighed. Dismissed.

## Issues and findings
- **Transition.** A revised Framework "replaces previous iterations, and the contents of which have been considered in the determination of this appeal" (DL ¶4).
- **Character, DP3(1): CONFLICT.** "It would therefore appear as an incongruous addition to the street scene" (DL ¶9).
- **Future occupiers, P3: CONFLICT.** "Framework Policy P3 requires development proposals to, amongst other things, provide healthy living conditions for occupiers" (DL ¶13). "the future residents of Flat 1 would be afforded a poor and oppressive outlook from their single window" (DL ¶14).
- **Neighbours: CONFLICT.** "the proximity of the proposal and its two-storey height would create an overwhelming sense of enclosure and oppressive environment for the residents of No 239A" (DL ¶21).
- **Benefits: substantial.** "Therefore, these benefits attract substantial weight, despite its small scale" (DL ¶25).
- **DP3(3) trigger.** "the proposal would be in fundamental conflict with Framework Policy D3 relating to character and appearance that stipulates permission should be refused in such circumstances" (DL ¶28).

## Planning balance
S4(1). "The appeal site is located within a settlement and therefore Framework Policy S4 is engaged. In this case, given the conflict with Policy D3, the benefits of the proposal would be substantially outweighed by the adverse effects" (DL ¶29). The design conflict alone carries the balance against benefits given substantial weight. The letter does not ask whether there is "clear justification" and does not cite S4(2)(c), but uses DP3(3) in the way S4(2)(c) describes. "Policy D3" at DL ¶28–29 is a slip for DP3: D3 is the London Plan design policy.

## What made the difference
A two-storey residential building squeezed onto a car wash yard 4.4 m from the windows of existing flats. Substantial weight to two homes and to the use of airspace did not help once the design conflict was treated as a refusal policy.

## Transferable points
- Substantial weight to housing and effective use of land (L2) "despite its small scale" is still substantially outweighed where DP3 says refuse (DL ¶25, ¶28–29).
- An inspector treated the DP3 refusal limb as decisive under S4 without naming S4(2)(c) or asking about clear justification (DL ¶28–29).
- Development plan design and amenity policies found "broadly consistent with the Framework" keep their weight (DL ¶8, ¶13, ¶19, ¶24).
- Living above a noisy existing use needs a noise assessment; an unassessed risk counts against the scheme (DL ¶16).

## Policy findings
- **DP3(1): conflict.** DP3 quoted (respond to context, integrate with and enhance surroundings); two-storey building fills a distinct first-floor break between Barking Road and Aintree Avenue, sits forward of the terrace building line, hipped roof and simplistic fenestration out of keeping (DL 8-12)
- **DP3(3): fail.** letter says "Framework Policy D3 relating to character and appearance that stipulates permission should be refused in such circumstances"; "fundamental conflict"; no clear-justification question asked; S4(2)(c) not cited (DL 28-29)
- **S4(1): fail.** site within a settlement so S4 engaged; "given the conflict with Policy D3" benefits substantially outweighed; no presumption "as articulated at Framework Policy S3" (DL 29)
- **P3: conflict.** future occupiers - one small window 4.4 m from the rear of Nos 239 and 239A, poor daylight and oppressive outlook, overlooking, unassessed car wash noise, no private outdoor space against London Plan D6 5 sq m (DL 13-18); neighbours - loss of privacy and enclosure, which the letter attributes to DP3 (DL 19-22)
- **L2: benefit (substantial weight).** effective use of land within a settlement using airspace above commercial premises; with the housing contribution in an accessible location, "substantial weight, despite its small scale" (DL 25, 28)
- **HO7: benefit (substantial weight).** mapped: housing supply contribution weighed together with L2; HO7 not named (DL 25)
- **Transitional(2): accord.** London Plan and Newham Local Plan design, amenity, cycle and waste policies each found "broadly consistent with the Framework"; Annex A not cited (DL 8, 13, 19, 24)

## Key facts
- Separation of about 4.4 m between the new building and the rear of Nos 239 and 239A (DL 14)
- No private outdoor space; reliance on nearby parks not evidenced (DL 17)
- No noise assessment of living above an operating hand car wash (DL 16)
- No feasible place for cycle and waste storage on a site built to three boundaries (DL 23)
- Within the Epping Forest SAC zone of influence; no appropriate assessment as the appeal was dismissed (DL 27)
- Switch paragraph says only that the contents of the revised Framework "have been considered"; no statement on consulting the parties (DL 4)
- Housing land supply not stated in the letter

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6011081
- https://appeal-planning-decision.service.gov.uk/published-document/45aabfdf-36d9-452c-8058-878ebda7b993

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6011081.html

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