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Planning appeal decision

Notice upheld22 August 20223272814

58 Evelyn Avenue, London, NW9 0JH

Planning appeal 3272814 at 58 Evelyn Avenue, London, NW9 0JH (London Borough of Brent) was dismissed on 22 August 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the roof extension constitutes a breach of planning control, specifically whether it is permitted development under the Town and Country Planning (General Permitted Development) (England) Order 2015.

without planning permission, the erection of a roof extension to the premises

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
NW9 0JH

Main issues, as the Inspector framed them

  • Whether the roof extension constitutes a breach of planning control, specifically whether it is permitted development under the Town and Country Planning (General Permitted Development) (England) Order 2015
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The appellant failed to demonstrate on the balance of probabilities that the premises benefitted from permitted development rights under the GPDO at the time the roof extension was constructed, as the evidence regarding the use and occupation of the property was contradicted by Council records.

The decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld30 September 20263359486
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  2. Planning permission granted25 September 20263377160
    26 Sidmouth Road, London, NW2 5HJ
  3. Notice upheld24 September 20263365164
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  4. Split Decision17 September 20263357462
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  5. Notice varied and upheld16 September 20263365031
    73A and the Rear Part of 73 Willesden Lane, Kilburn, London, NW6 7RR

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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