®Planning appeal decision
35 Rosemead Avenue, Wembley, HA9 7EE
Planning appeal 3261066 at 35 Rosemead Avenue, Wembley, HA9 7EE (London Borough of Brent) was dismissed on 24 November 2022 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- HA9 7EE
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.
What the Inspector cited
- Judgments
- 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
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 appliedThe decision letter
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With an account
What an account adds to this decision
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- Allowed22 October 20266011738102 West Hill, Wembley, HA9 9RR
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- Dismissed6 October 20266013509115 Brondesbury Road, London, NW6 6RY
- Allowed1 October 2026601160228A Ridley Road, London, NW10 5UA
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.