®Planning appeal decision
22 Copthall Drive, LONDON, NW7 2NB
a two-storey side and rear extension following demolition of the existing garage. New front porch. Roof extension to incorporate alterations to existing unauthorised roof extension
- Authority
- London Borough of Barnet
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Householder developments
- Inspector
- Fagan N
Main issues, as the Inspector framed them
- Whether the roof extensions (as built, and as proposed in Appeal C) would be disproportionate, discordant and consequently harmful to the design of the original house and to the character and appearance of the surrounding area, which is characterised by houses of similar design
What decided it
The near-identical fallback scheme available under the extant Lawful Development Certificate meant the harm from the built development was no greater than what could lawfully be built anyway, justifying permission.
the identified harm to character and appearance from the built/attacked roof extensions was outweighed by the fall-back position (the insubstantially different LDC scheme), which constituted a material consideration justifying permission otherwise than in accordance with the development plan
Plan policies cited: Policy D3 of the London Plan 2021, Policy CS1 of the Barnet Core Strategy 2012, Policy CS5 of the Barnet Core Strategy 2012, Policy DM01 of the Barnet Development Management Policies DPD
Judgments cited: Mansell v Tonbridge & Malling BC [2017] EWCA Civ 1314
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.