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Split Decision16 December 20223284115

59 Alder Grove, London, NW2 7DE

Planning appeal 3284115 at 59 Alder Grove, London, NW2 7DE (London Borough of Brent) was allowed in part (a split decision) on 16 December 2022 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the structure or parts of it constitute permitted development and are immune from enforcement action.

without planning permission, the erection of a building in the rear garden of the premises (shown hatched in black on the attached Plan A) for uses which are not incidental to the main dwelling house

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hand S
Postcode
NW2 7DE

Main issues, as the Inspector framed them

  • Whether the structure or parts of it constitute permitted development and are immune from enforcement action
  • Whether the building as constructed causes harm to character and appearance, overlooking and amenity through overdevelopment

What decided it

The application of the Tapecrown principle requiring consideration of alternative remedial solutions meant that a reduced building restricted to incidental use by conditions would overcome the identified harms of overdevelopment, overbearing appearance and overlooking without requiring complete demolition.

What the Inspector cited

Development plan policies
CP17

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 2022

  1. Notice upheld30 September 20263359486
    30 Randall Avenue, London, NW2 7RN
  2. Planning permission granted25 September 20263377160
    26 Sidmouth Road, London, NW2 5HJ
  3. Notice upheld24 September 20263365164
    Land and Garage, Rear of 21 Ivy Road and Adjacent to 31 Cedar Road, London, NW2 6SN
  4. Split Decision17 September 20263357462
    61 Alder Grove, London, NW2 7DE
  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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.