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Planning appeal decision

Split Decision16 December 20223284115

59 Alder Grove, LONDON, NW2 7DE

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

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hand S

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.

Plan policies cited: CP17

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.