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Dismissed6 October 20223245557

9 Southwick Place, London, W2 2TN

Planning appeal 3245557 at 9 Southwick Place, London, W2 2TN (City of Westminster Council) was dismissed on 6 October 2022 by Inspector Bowyer J, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
W2 2TN

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.

The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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