®Planning appeal decision
35 Rosemead Avenue, WEMBLEY, HA9 7EE
a single storey rear extension
- Authority
- London Borough of Brent
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Jones R
Main issues, as the Inspector framed them
- whether the Council's decision to refuse to issue a lawful development certificate was well-founded, turning on whether at the time when the single storey extension was built, the property was a dwellinghouse eligible to utilise permitted development rights under Schedule 2, Part 1, Class A of the GPDO, and if so whether planning permission was granted for the single storey rear extension under prior approval application reference 19/2943
What decided it
The single storey rear extension as built differed materially from the prior approval scheme in layout, width and positioning, and was not carried out in accordance with the information provided to the Council, therefore it did not have planning permission and a lawful development certificate could not be granted.
Judgments cited: Gravesham BC v SSE & O'Brien [1983] JPL 306; London Borough of Brent v SSLUHC and Yehuda Rothchild [2022] EWHC 2051 (Admin); Lever Finance Ltd v Westminster City Council [1971] 1 QB 222
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.