32 Kempe Road, London, NW6 6SJ

Planning appeal 3257126 at 32 Kempe Road, London, NW6 6SJ (London Borough of Brent) was dismissed on 9 September 2021 by Inspector Stephens K, by written representations. The main issue, as the Inspector framed it: Whether the AC unit would preserve or enhance the character or appearance of the conservation area.

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
Postcode: NW6 6SJ

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.

What the Inspector cited

Development plan policies: Policy DMP1Queens Park Conservation Area Design Guide (2013)
National Planning Policy Framework: Paragraph 199Paragraph 202
Judgments: 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

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.

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The decision letter

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The authority’s record since 2016 · every decision in 2021

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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.