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Planning appeal decision

Notice upheld18 February 20223279998

134-136 Kings Road, London, SW3 4XB

Planning appeal 3279998 at 134-136 Kings Road, London, SW3 4XB (Royal Borough of Kensington and Chelsea) was dismissed on 18 February 2022 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity.

Installation of five air conditioning units on flat roof to the rear ground floor

Authority
Royal Borough of Kensington and Chelsea
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
utilities-energy · Other minor developments
Inspector
Whitfield J
Postcode
SW3 4XB

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity
  • Whether the time for compliance with the enforcement notice is too short

What decided it

The 2018 planning permission was incapable of implementation, but the 2021 permission was extant and capable of implementation, justifying variation of the notice to require compliance with the latter.

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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