®Planning appeal decision
Flat, Second Floor, 4 Bishops Road, London, SW6 7AB
Planning appeal 3279095 at Flat, Second Floor, 4 Bishops Road, London, SW6 7AB (London Borough of Hammersmith and Fulham) was dismissed on 31 January 2022 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development for the railings was well-founded, turning on: (1) whether the railings amount to development as defined by section 55 of the Town and Country Planning Act 1990; (2) if so, whether the development was granted planning permission by the Town and Country Planning (General Permitted Development) (England) Order 2015; or (3) whether the operational development was substantially completed at least four years before the date of the LDC application.
described as ‘Existing railings on second floor roof terrace, at Second floor flat, 4 Bishops Road, London, SW6 7AB. Installed in 1988, these are lawful having been in place for more than 4 years. The existing railings were replaced in 2020
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Jones R
- Postcode
- SW6 7AB
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate of lawful use or development for the railings was well-founded, turning on: (1) whether the railings amount to development as defined by section 55 of the Town and Country Planning Act 1990; (2) if so, whether the development was granted planning permission by the Town and Country Planning (General Permitted Development) (England) Order 2015; or (3) whether the operational development was substantially completed at least four years before the date of the LDC application
What decided it
The six-year gap between removal of the original railings in 2014 and reinstallation of materially different replacement railings in 2020 means the new railings constitute new development that cannot claim immunity from enforcement action through passage of time.
The decision letter
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With an account
What an account adds to this decision
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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.