Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice varied and upheld25 November 20213263620

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

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.