Flat Second Floor, 4 Bishops Road, LONDON, SW6 7AB

described as ‘Existing use of roof terrace, in use since 1988, by owners of Second floor flat, 4 Bishops Rd, London SW6 7AB. Fully described in 'Use of Roof Terrace Statement' and 'Terrace Use Detail' documents, both appended as part of this application

Authority: London Borough of Hammersmith and Fulham
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Jones R

Main issues, as the Inspector framed them

whether the use of the flat roof as a terrace amounts to development as defined in s55 of the 1990 Act
if so, whether the use of the roof materially changed to use as a roof terrace on or before 20 November 2010 and then that use continued for at least 10 years thereafter, without material interruption, and has not been subsequently extinguished

What decided it

The use of the second floor roof as a terrace is incidental to the enjoyment of the dwellinghouse as such and therefore does not involve development requiring planning permission under section 55(2)(d) of the Town and Country Planning Act 1990.

Read the decision letter on the Inspectorate’s site

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