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Planning appeal decision

Notice upheld18 July 20223275636

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

Planning appeal 3275636 at 313 Highbury New Park, Islington, London, N5 2LB (London Borough of Islington) was dismissed on 18 July 2022 by Inspector Gray E, by written representations. The main issue, as the Inspector framed it: 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).

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
Postcode
N5 2LB

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 decision letter

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More decisions in London Borough of Islington

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

  1. Allowed22 October 20266006605
    131 - 132 Upper Street, London, N1 1QP
  2. Dismissed24 September 20266005590
    2 Highbury Grove Court, Highbury Grove, London, N5 2NG
  3. Notice upheld23 September 20263364241
    First and Second Floors, 72 Prebend Street, Islington, London, N1 8PR
  4. Notice varied and upheld10 September 20263355155
    204 Blackstock Road , London, N5 1EN
  5. Dismissed28 August 20266002628
    72 Prebend Street, London, N1 8PR

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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