Stamford Hill, London – A strictly Orthodox family may be forced to tear down an extension to their Hackney home after a High Court judge rejected their bid to save it.
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Matilda Schlesinger argues that the large loft extension at Lynmouth Road, Stamford Hill, is essential to provide enough room for her family, which includes 10 children, ranging in age from two to 18.
But Hackney Council and a planning inspector both rejected the application for the extension — which is already built — on the grounds that it is out of character with the area and the house itself.
Mrs Schlesinger took her appeal against the inspector’s decision to the High Court, but her case was rejected by the judge, Sir Thayne Forbes.
The inspector, upholding a decision by the London Borough of Hackney, had found that the extension was detrimental to the character of the street.
The extension to the house, in a distinctive terraced area, forms an addition to the home which is “unsympathetic” to the character of the Victorian house, the inspector said in her decision.
Mrs Schlesinger’s brother, Isaac Liebowitz, argued on her behalf in court that the inspector’s decision was wrong and that permission for the development should be granted retrospectively.
He said that in coming to her decision, the inspector had not had the benefit of a report relating to planning for the Jewish community which would have helped her.
The family had been disadvantaged by a lack of resources to put forward the case fully, and the inspector had not taken account of relevant factors, particularly the family’s need for extra space, he said. But, rejecting all of Mr Liebowitz’s arguments, Sir Thayne said he had come to the “firm conclusion” that the case should be dismissed.
“The inspector concluded that there was no evidence that the matter could not be addressed by suitable extensions to the basement or ground floor,” he told the court.
“That was a conclusion she was entitled to draw. The inspector then went on to hold, as she was entitled to, that she did not consider that the personal circumstances of the family outweighed the harm to the character and appearance of the area.”
An enforcement notice, ordering that the extension should be dismantled, has already been issued, but is to be appealed by Mrs Schlesinger in separate proceedings.
Mrs Schlesinger’s brother Isaac said that the judge had allowed the family further time to lodge an appeal.
“We are taking legal advice,” he said. “We are looking at this as a setback but we are determined to fight on.”
The family maintain that there are other loft extensions in the area and that the addition to the building is the only way to solve a shortage of space for large, strictly Orthodox families.
Ita Symons, of the Agudas Israel Housing Association, said: “Unfortunately when people have large families and find themselves in housing need, they often overlook the rules that they should stick to.
“But we are very much dependent on whether a judge views family life as less important than the skyline in some grotty road in Hackney.”
If they were Muslims, they would not only get their loft but the government would pay for it.
It’s definitely too bad and I feel bad for their mistake of not getting the appropriate permits.
But there is no question, the loft has to be dismantled and they should not be using anti-semitism as an argument
lets be realistic.. where in the world can you go and build extensions without getting the correct planning permission? why on earth did they believe because she popped out 10 children she is above the law? there are larger houses in the borough, when you grow out of a home if you dont have the correct permit you can look elsewhere which most of us do. can u imagine if it would be a free for all?
the beauty of london is that the government works diligently to preserve the look and their boroughs, uniform terraced houses are definitely an easier site for the eyes then the monstrous buildings going up daily in borough park, some home look like a manor in the hamptons squashed into a dense block, makes me laugh…. Just dont go thinking I am jealous or bitter, I am neither, I have my own home (and moved twice due to shortage of space) and I am just embarassed by this whole spectacle taking place… they should consider themselves lucky that they got away without a fine. If you are gonna have 10 kids, that is fine by me and everyone else, just dont expect the red carpet for it…. take the consequence for your own actions – and take it LEGALLY!
How interesting to read this article. i’m a good friend of this fam and can attest to the fact that she has 10 kids and a tiny house. as a former londoner i’m well aware that the issue with building extension lofts is a NEW problem. many families including my own built lofts without any problem as the houses there are fairly small and one is not allowed to build like here in usa.
They aren’t claiming anti-semitism contrary to what the commentors say. They are claiming that they should get a reprieve because of their large family size, and that their home is within character of the neighborhood. There is in the law the ability for the inspector to take the discomfort of the family into consideration, and they are arguing that she didn’t do so.
this is not the 1st in stamfordhill and probably not the last who had to pull down the loft there are load’s out there fighting for it
They should move to Brooklyn. You can build whatever you want there.
They should move to Monsey. The town gov’t lets the frum build whatever they want, no matter how much it ruins the area.
Many in london especially stamford hill area have built loft extensions as a result of minimal living space. Up until about 4 yrs ago the government gave a grant for it and helped pay alot towards it. unfortunately this has changed and all legalised lofts are becoming illegal due to change of mayor etc.
As someone who grew up in Stamford Hill (with family that still lives there) I am curious why theirs was such an issue when a great percentage of houses in Stamford Hill have lofts – in my parents block alone out of 35 or so houses almost half have lofts – it really concerns me as to why theirs became such an issue.
They are concerned it doesn’t look like the rest of the area???? If so, I have a good idea!! They should make it old, dark, dreary, dank & disgusting just like the rest of that multi thousand year old city.
dina d’malchusa dina, while we’re in golus we have to still remember there are laws we have to go by, the orld doesnt belong to us, and i agree with a local government wanting its town or city look normal the way it was for 100’s of years, nyc and especially in willi and boro park should make similair rules, every 1 is building the weirdest extentions, not caring how the outside looks,
Is there no husband here?
Can they retroactively get permission, maybe pay a fine? It should be a lesson to everyone…you need permits to build!
BTW, unless I misunderstood, the first article on VIN said that a whole family was living up there. How???
Btw they had approved building plans but unfortunately the local government has changed it’s claws and is slowly but surely picking bak on the jewish neighborhood. that block alone has bout 10 lofts.
Has anybody noticed their sign (at the back)
“Hackneys Final Solution”
How DARE they use references to the holocaust in their public campaign for a supid loft????
What UTTER disrespect to the millions of Kedoshim who were murdered al Kiddush Hashem.
What a Chilul Hashem!
Can these Stamford Hillies sink no lower????
I am upset to hear about this . I know the family very well. Genuine special people. Yes the husband sits and learns and she is a true eyshas chayil. i think the judge was too harsh. because the London government are so ‘straight’ they cant seem to accept that a loft extension may make the road look ‘messy’ and ‘uneven’. I think a penalty at most should have sufficed.
good luck and i hope it all works out for them.
i live in Brooklyn near a big collage and they keep expending on taxpayers expanse, a few years ago they build on part of a public children play park, now they are building nearby and taking away public parking, all in the name of Higher education and the politicians are falling for them, no one – even mayor bloomerg – to stand out against them taking advantage of public property.
at least the same understanding should go for a big family, with 10 children bli”h, and the city of London should be proud to help them!
It does seem that this whole thing is a tremendous chilul Hashem. If you live in a town or city you must follow its zoning laws. If this family has a case they should present it in court or to the council — by their protesting in the streets it certainly seems that they don’t have a case so they are making a spectacle instead. One cannot just ignore zoning laws and then cry when one has to tear down the illegally built structure.
If you think zoning laws are unimportant, just go to Monsey and see how it’s been turned into the ugliest place you ever saw, because there are no zoning rules, anything goes. It looks just disgusting, and I’m ashamed to think what the non-Jews think when they see it. I don’t blame them when they tried to stop us from moving across route 59 to the Airmont area.
Everyone is missing the point. Why did they build without permission in the first place? They probably anticipated a refusal because that is the latest policy being persued by the planning department. By refusing planning applications like this, which a few years ago would have gone straight through, this is a cynical attempt by Hackney council to force Jews (who they know have large families and need more living space) not to be able to accommodate their families, thereby forcing them either to find larger homes in the area, which they know don’t exist or force them to move out of the area, which would suit them. Also, if we’re talking about retaining character, why are they allowing all the ugly, boxy new build blocks of flats, made of cheap materials which deteriorate quickly and which are modern eyesores but seem to be going up like dandelions in the summer! As for the planning officer’s suggestion of digging out the basement, that is one costly exercise with pitfalls of its own, and they know it. This is an issue for our heimishe councilors to try and resolve by advocating for the community at local government level.
Stamford hillis so ugly ! it needs to stop the orthodox jewish think thay can do whatever they like just because they have loads of children ! by the way how can they afford it!!?? using benefits i bet !! now they want to ruin the area ! why dont they move back to israel ???? !!!!