®Planning appeal decision
22 Copthall Drive, London, NW7 2NB
Planning appeal 3285411 at 22 Copthall Drive, London, NW7 2NB (London Borough of Barnet) was allowed on 13 January 2023 by Inspector Fagan N, following a hearing. The main issue, as the Inspector framed it: 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.
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
- Postcode
- NW7 2NB
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
What the Inspector cited
- Development plan policies
- Policy D3 of the London Plan 2021Policy CS1 of the Barnet Core Strategy 2012Policy CS5 of the Barnet Core Strategy 2012Policy DM01 of the Barnet Development Management Policies DPD
- Judgments
- Mansell v Tonbridge & Malling BC [2017] EWCA Civ 1314
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.