®Planning appeal decision
34 Wilberforce Road, London, N4 2SR
Planning appeal 3271922 at 34 Wilberforce Road, London, N4 2SR (London Borough of Hackney) was dismissed on 23 May 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the works to construct the two roof terraces and decking constitute development requiring planning permission and, if so, whether planning permission should be granted having regard to conservation area policy.
Installation of a roof terrace and decking on the roof of the lower ground floor extension on the rear elevation; installation of a second roof terrace on the roof of the third floor rear outrigger; and installation of a door on the third floor rear elevation
- Authority
- London Borough of Hackney
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Whalley J
- Postcode
- N4 2SR
Main issues, as the Inspector framed them
- Whether the works to construct the two roof terraces and decking constitute development requiring planning permission and, if so, whether planning permission should be granted having regard to conservation area policy
- Whether the lower roof terrace works are immune from enforcement action under the four-year rule for operational development
- Whether the requirements of the enforcement notice are excessive under ground (f)
What decided it
The roof terraces materially affected the building's external appearance in breach of planning control, failed to preserve or enhance the conservation area's character contrary to development plan policies, and were not immune from enforcement action as the four-year limitation period had not elapsed.
What the Inspector cited
- Development plan policies
- London Plan policy HC1 Heritage Conservation and GrowthLondon Plan policy D3Hackney Local Plan policy LP1Hackney Local Plan policy LP3 Designated Heritage
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
More decisions in London Borough of Hackney
The authority’s record since 2016 · every decision in 2022
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- Notice varied and upheld18 September 202633607242B Woodberry Down, Hackney, London, N4 2TG
- Dismissed14 May 20266003534212 Millfields Road, London, E5 0AR
- Notice upheld27 March 2026333760072 Powerscroft Road, Hackney, London, E5 0PP
- Notice upheld27 March 2026333759974 Powerscroft Road, Hackney, London, E5 0PP
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.