®Planning appeal decision
32 Kempe Road, LONDON, NW6 6SJ
Without planning permission the installation of an air-conditioning unit to the rear of the premises
- Authority
- London Borough of Brent
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Stephens K
Main issues, as the Inspector framed them
- Whether the AC unit would preserve or enhance the character or appearance of the conservation area
- Whether the AC unit harms the living conditions of occupiers of neighbouring properties with regards to noise
What decided it
The AC unit materially affects the external appearance of the building and causes less than substantial harm to the conservation area that is not outweighed by private benefits, combined with unresolved concerns about noise impacts on neighbouring occupiers.
The less than substantial harm to the conservation area was weighed against the private benefit of improved living conditions for the occupier, with the harm outweighing the benefit.
Framework references: 199, 202
Plan policies cited: Policy DMP1, Queens Park Conservation Area Design Guide (2013)
Judgments cited: Burroughs Day v Bristol CC [1996] 1 PLR 78; 1 EGLR 167; Tapecrown Ltd v FSS & Vale of White Horse DC [2006] EWCA Civ 1744
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.