Planning appeal decision
Land at 38 and 40 Penywern Road, London, SW5 9SX
Planning appeal 3276379 at Land at 38 and 40 Penywern Road, London, SW5 9SX (Royal Borough of Kensington and Chelsea) was allowed on 8 July 2022 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the outbuilding preserves the character or appearance of the Earl's Court Square Conservation Area.
the erection of an outbuilding in rear garden
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Hawkins S
- Postcode
- SW5 9SX
Main issues, as the Inspector framed them
- Whether the outbuilding preserves the character or appearance of the Earl's Court Square Conservation Area
- The effect on biodiversity
What decided it
The outbuilding's low-profile roof, limited footprint, and balanced design meant it preserved the character and appearance of the Conservation Area and did not significantly harm biodiversity, justifying permission subject to conditions.
What the Inspector cited
- Development plan policies
- Policy CL3Policy CE4
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision


More decisions in Royal Borough of Kensington and Chelsea
The authority’s record since 2016 · every decision in 2022
- Planning permission granted23 July 20263328929Flat 5, 69 Oxford Gardens, London, W10 5UJ
- Allowed19 May 2026600248780 Oxford Gardens, London, W10 5UW
- Quashed On Legal Grounds5 May 20263340011The Mews, 1A Victoria Gardens, London, W11 3PE
- Notice upheld11 February 2026335269912-14 Pottery Lane, London, W11 4LZ
- Planning permission granted26 January 20263359961Land at 23, And 25-27 Earl’s Court Square, London, SW5 9BY
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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