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Planning appeal decision

Notice varied and upheld25 November 20213263620

308-310 North End Road, London, SW6 1NQ

Planning appeal 3263620 at 308-310 North End Road, London, SW6 1NQ (London Borough of Hammersmith and Fulham) was allowed in part (a split decision) on 25 November 2021 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c).

the installation of three A/C units and extraction flue to the flank northern elevation, at second floor level

Authority
London Borough of Hammersmith and Fulham
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Jones R
Postcode
SW6 1NQ

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
  • Whether the requirements of the enforcement notice are excessive to remedy the breach (ground f)
  • Whether the period for compliance is too short (ground g)

What decided it

The extraction flue does not comply with the approved details and therefore constitutes a breach of planning control that must be remedied by removal, but the compliance period should be extended to nine months to allow the appellant reasonable time to explore alternatives and obtain necessary permissions.

The balance struck between the difficulties presented by COVID-19 and the need for the appellant to explore alternative plant locations and obtain permissions, against the public interest in remedying the breach, justified extending the compliance period from four to nine months.

The decision letter

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More decisions in London Borough of Hammersmith and Fulham

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

  1. Quashed On Legal Grounds18 September 20263355656
    Unit 1D, Woodstock Studios, 36 Woodstock Grove, London, W12 8LE
  2. Notice varied and upheld25 June 20263362811
    50 Rostrevor Road, London, SW6 5AD
  3. Notice varied and upheld9 March 20263333795
    7 Ellaline Road, London, W6 9NZ
  4. Notice upheld26 September 20253334376
    First Floor Flat A, 770 Fulham Road, London, SW6 5SJ
  5. Notice upheld15 September 20253342440
    The Cottage, 1D Oaklands Grove, London, W12 0JD

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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