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Planning appeal decision

Notice varied and upheld4 February 20223276308

113 Clarendon Road, London, W11 4JG

Planning appeal 3276308 at 113 Clarendon Road, London, W11 4JG (Royal Borough of Kensington and Chelsea) was allowed in part (a split decision) on 4 February 2022 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b).

Installation of wooden fencing to both sides of the flat roof to the front of the property at first floor level

Authority
Royal Borough of Kensington and Chelsea
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Jones R
Postcode
W11 4JG

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b)
  • Whether the matters alleged in the notice constitute a breach of planning control (ground c)
  • Whether the alleged breach is immune from enforcement action due to the passage of time (ground d)
  • Whether the period specified in the notice is reasonable (ground g)

What decided it

The fencing exceeded the 2-metre height limit under Class A of the GPDO when properly measured from ground level, and was erected after October 2020, well within the enforcement period.

The decision letter

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More decisions in Royal Borough of Kensington and Chelsea

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

  1. Planning permission granted23 July 20263328929
    Flat 5, 69 Oxford Gardens, London, W10 5UJ
  2. Quashed On Legal Grounds5 May 20263340011
    The Mews, 1A Victoria Gardens, London, W11 3PE
  3. Notice upheld11 February 20263352699
    12-14 Pottery Lane, London, W11 4LZ
  4. Planning permission granted26 January 20263359961
    Land at 23, And 25-27 Earl’s Court Square, London, SW5 9BY
  5. Split Decision26 January 20263359770
    Land at 23, And 25-27 Earl's Court Square, London, SW5 9DA

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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