®Planning appeal decision
waakye joint, 440 Streatham High Road, LONDON, SW16 3PX
without planning permission: The installation of two external galvanised metal extract flues (including all associated ducting, brackets, wiring, fixtures and fittings) on the dual pitched roofed building located to the rear of the premises and abutting Westwell Mews – one located on the rear elevation of the building and one situated on the east facing pitched roof (‘the two unauthorised extract flues’); and The installation of four air-conditioning units (including all associated ducting, brackets, wiring, fixtures and fittings) at first floor level, upon the flat roof and adjacent to the side elevation of the existing 2-storey rear extension (‘the four unauthorised air-conditioning units’)
- Authority
- London Borough of Lambeth
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Walker A
Main issues, as the Inspector framed them
- Whether it was too late for the Council to take enforcement action under section 174(2)(d) of the Town and Country Planning Act 1990 on the ground that the breach of planning control was substantially completed more than 4 years before the enforcement notice was issued
What decided it
The appellants failed to provide sufficiently precise and unambiguous evidence that the extract flues and air-conditioning units were substantially completed before 22 December 2017, as required to establish that enforcement action was time-barred.
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.