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Planning appeal decision

Notice varied and upheld17 February 20223250103

58 Collingbourne Road, London, W12 0JQ

Planning appeal 3250103 at 58 Collingbourne Road, London, W12 0JQ (London Borough of Hammersmith and Fulham) was allowed in part (a split decision) on 17 February 2022 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control was immune from enforcement action on the grounds that it was substantially complete more than four years before the notice was issued.

Without planning permission, the installation of raised carport/terrace to the rear garden of no.58 Collingbourne Road

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hanson S
Postcode
W12 0JQ

Main issues, as the Inspector framed them

  • Whether the breach of planning control was immune from enforcement action on the grounds that it was substantially complete more than four years before the notice was issued
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity
  • Whether the period for compliance with the notice is reasonable

What decided it

The photographic evidence demonstrated that the timber decking, balustrade and staircase were not substantially complete until after 19 February 2016, meaning the breach was not immune from enforcement action.

What the Inspector cited

Development plan policies
Policy HO11key principle HS8

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Hammersmith and Fulham

The authority’s record since 2016 · every decision in 2022

  1. Quashed On Legal Grounds18 September 20263355656
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  2. Notice varied and upheld25 June 20263362811
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  3. Notice varied and upheld9 March 20263333795
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  4. Notice upheld26 September 20253334376
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  5. Notice upheld15 September 20253342440
    The Cottage, 1D Oaklands Grove, London, W12 0JD

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.