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Notice upheld27 April 20233284105

Rear of 533, 535 and 537 Kingsbury Road, 539 - 541 Kingsbury Road, London, NW9 9EG

Planning appeal 3284105 at Rear of 533, 535 and 537 Kingsbury Road, 539 - 541 Kingsbury Road, London, NW9 9EG (London Borough of Brent) was dismissed on 27 April 2023 by Inspector Walker A, following a hearing. The main issue, as the Inspector framed it: The main issue in the deemed planning application is the effect of the development upon the character and appearance of 539-541 Kingsbury Road ('the host building') and upon the character and appearance of the area.

Without planning permission, the erection of extensions to the rear of 533, 535 and 537 Kingsbury Road for use in connection with 539-541 Kingsbury Road (for the avoidance of doubt this includes all the extensions found within the hatched in black area shown on Plan A attached to the notice) AND Without planning permission, the erection of canopy extension, incorporating a wooden fence, which creates an area for plants and wooden/metal frames to the shop front at 539 and 541 Kingsbury Road

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
retail · Householder developments
Inspector
Walker A
Postcode
NW9 9EG

Main issues, as the Inspector framed them

  • The main issue in the deemed planning application is the effect of the development upon the character and appearance of 539-541 Kingsbury Road ('the host building') and upon the character and appearance of the area.

What decided it

The significant harm caused to the character and appearance of the host building and the local area by the unauthorised rear extensions and frontage canopy, which was not outweighed by the economic benefits of the development.

the moderate weight given to the economic benefits of the extended outdoor seating did not outweigh the significant harm and conflict with the development plan as a whole

What the Inspector cited

Development plan policies
Policy BD1Policy DMP1Policy BE7
National Planning Policy Framework
Paragraph 81

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 applied

The decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2023

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  3. Notice upheld24 September 20263365164
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  4. Split Decision17 September 20263357462
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  5. Notice varied and upheld16 September 20263365031
    73A and the Rear Part of 73 Willesden Lane, Kilburn, London, NW6 7RR

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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