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Allowed31 January 20223275244

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

Planning appeal 3275244 at Flat Second Floor, 4 Bishops Road, London, SW6 7AB (London Borough of Hammersmith and Fulham) was allowed on 31 January 2022 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: whether the use of the flat roof as a terrace amounts to development as defined in s55 of the 1990 Act.

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
Postcode
SW6 7AB

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.

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More decisions in London Borough of Hammersmith and Fulham

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

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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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