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Planning appeal decision

Quashed On Legal Grounds7 January 20223275173

43 - 47 Rushey Green, London, SE6 4AS

Planning appeal 3275173 at 43 - 47 Rushey Green, London, SE6 4AS (London Borough of Lewisham) was decided (quashed on legal grounds) on 7 January 2022 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the installation of 4 storage/shipping containers constitutes development requiring planning permission under section 55(1) of the Town and Country Planning Act 1990.

The installation of 4 large storage/shipping containers on the car park of Rosenthal House (the land) without the benefit of planning permission

Authority
London Borough of Lewisham
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Minor general industry/storage/warehousing
Inspector
Moss J
Postcode
SE6 4AS

Main issues, as the Inspector framed them

  • Whether the installation of 4 storage/shipping containers constitutes development requiring planning permission under section 55(1) of the Town and Country Planning Act 1990

What decided it

The containers do not constitute development under section 55(1) of the 1990 Act as they are not a building or other operation, and therefore planning permission would not be required for their presence on the land.

The decision letter

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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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