Planning appeal decision
47 Woodland Gardens, London, N10 3UE
Planning appeal 3261546 at 47 Woodland Gardens, London, N10 3UE (London Borough of Haringey) was allowed on 24 November 2021 by Inspector Roberts J, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the application for a certificate of lawful use or development was well-founded, specifically whether the development would benefit from deemed planning permission under the Town and Country Planning (General Permitted Development) (England) Order 2015 Class E, or whether the engineering works required to create a level platform constitute a separate activity of substance not permitted by the Order.
A single-storey outbuilding (summer room and barbecue accommodation) within the curtilage of a dwellinghouse on sloping ground
- Authority
- London Borough of Haringey
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Roberts J
- Postcode
- N10 3UE
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse the application for a certificate of lawful use or development was well-founded, specifically whether the development would benefit from deemed planning permission under the Town and Country Planning (General Permitted Development) (England) Order 2015 Class E, or whether the engineering works required to create a level platform constitute a separate activity of substance not permitted by the Order
What decided it
The construction of a raised base, plinth or slab to accommodate sloping ground is part of normal foundation preparation for a building and does not constitute a separate activity of substance requiring separate planning permission outside the GPDO Class E regime.
What the Inspector cited
- Judgments
- Eatherley v London Borough of Camden & Ireland [2016] EWHC 1861 Admin; West Bowers Farm Products v. Essex County Council (1985) 50 P & CR 368
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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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.
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