9 Southwick Place, LONDON, W2 2TN

formation of roof garden across existing roofs at second floor level without complying with a condition attached to planning permission Ref 17/07044/FULL, dated 10 May 2018

Authority: City of Westminster Council
Appeal type: householder · Planning Appeal
Procedure: Written Representations
Development: other · Householder developments
Inspector: Bowyer J

Main issues, as the Inspector framed them

Whether the proposal for a minor material amendment to vary condition 2 of the Original Permission can be considered within the scope of a section 73 application, or whether it would amount to a material change requiring variation to the development description

What decided it

The Council unreasonably prevented development which should clearly have been permitted by refusing to validate a section 73 application where the proposed changes remained consistent with the approved development description and were not substantially different from the Original Permission.

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