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Planning appeal decision

Allowed24 November 20213261546

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

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.

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The decision letter

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More decisions in London Borough of Haringey

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

  1. Dismissed14 October 20266008251
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  3. Dismissed13 October 20266007195
    38 Parkhurst Road, Wood Green, London, N22 8JQ
  4. Dismissed9 October 20266011332
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  5. Dismissed30 September 20263367051
    109 Great Cambridge Road, London, N17 7LN

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.