Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Split Decision13 December 20213258127

137 Chatsworth Road, London, NW2 5QT

Planning appeal 3258127 at 137 Chatsworth Road, London, NW2 5QT (London Borough of Brent) was allowed in part (a split decision) on 13 December 2021 by Inspector Franks Z, following an inquiry. The main issue, as the Inspector framed it: The main issue in the deemed application for planning permission and Appeal C is the effect of the development on the character and appearance of the host building and area.

retention of part single storey, part two storey rear extension, two storey side extension, roof extension with addition of rear dormer and one front rooflight to front roof slope and two to side roof slope of dwellinghouse

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Householder developments
Inspector
Franks Z
Postcode
NW2 5QT

Main issues, as the Inspector framed them

  • The main issue in the deemed application for planning permission and Appeal C is the effect of the development on the character and appearance of the host building and area.

What decided it

The as-built roof and side extension differed materially from the approved 2019 Permission and were not covered by permitted development rights, causing harm to the character and appearance of the dwellinghouse that was not outweighed by the fallback position or energy efficiency benefits.

The harm to character and appearance from the main roof and side extension outweighed the little weight given to the fallback position and the limited weight given to the energy efficiency benefit of the warm roof, so permission was refused for those elements; for the outbuilding, no harm was found and permission was granted.

What the Inspector cited

Development plan policies
CP17DMP1
Judgments
Miller Mead v MHLG [1963] 2 WLR 225; R.(on the application of Watts) v SSETR [2002] EWHC 993 (Admin); McGaw v Welsh Ministers [2020] EWCA Civ 976

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

At least 801 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in London Borough of Brent

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

  1. Notice upheld30 September 20263359486
    30 Randall Avenue, London, NW2 7RN
  2. Planning permission granted25 September 20263377160
    26 Sidmouth Road, London, NW2 5HJ
  3. Notice upheld24 September 20263365164
    Land and Garage, Rear of 21 Ivy Road and Adjacent to 31 Cedar Road, London, NW2 6SN
  4. Split Decision17 September 20263357462
    61 Alder Grove, London, NW2 7DE
  5. Notice varied and upheld16 September 20263365031
    73A and the Rear Part of 73 Willesden Lane, Kilburn, London, NW6 7RR

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.