Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice varied and upheld8 November 20213259221

64b Cranhurst Road, London, NW2 4LP

Planning appeal 3259221 at 64b Cranhurst Road, London, NW2 4LP (London Borough of Brent) was allowed in part (a split decision) on 8 November 2021 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity because it does not enable the recipient to know exactly what steps are required.

Erection of a roof terrace and shed structure situated on top of the flat roofed outrigger to the rear of the premises

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Thompson F
Postcode
NW2 4LP

Main issues, as the Inspector framed them

  • Whether the enforcement notice is a nullity because it does not enable the recipient to know exactly what steps are required
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

Internal access steps affect only the interior of the building and therefore do not constitute development under section 55(2)(a) of the Town and Country Planning Act 1990, making the requirement to remove them excessive.

What the Inspector cited

Judgments
Kestrel Hydro v SSCLG & Spelthorne BC [2015] 1654 (Admin), [2016] EWCA Civ 784

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 745 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.