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Planning appeal decision

Notice upheld18 July 20223275636

313 Highbury New Park, Islington, LONDON, N5 2LB

Without planning permission, the erection of 2 no. double-air conditioning condenser units and an extract flue mounted to the rear (north) elevation

Authority
London Borough of Islington
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
utilities-energy · Other minor developments
Inspector
Gray E

Main issues, as the Inspector framed them

  • Whether at the time the enforcement notice was issued, it was too late to take enforcement action against the matters stated in the notice (ground d)
  • Whether the steps required to comply with the requirements of the notice are excessive (ground f)
  • Whether the time given to comply with the notice is too short (ground g)

What decided it

The appellant failed to provide sufficiently detailed and corroborated evidence that the air conditioning units had occupied their current position for the required four years to be immune from enforcement action, and the enforcement notice requirements were proportionate to remedy injury to neighbouring amenity.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.