Waakye Joint, 440 Streatham High Road, London, SW16 3PX

Planning appeal 3290582 at Waakye Joint, 440 Streatham High Road, London, SW16 3PX (London Borough of Lambeth) was dismissed on 9 June 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: 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.

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 · Other minor developments
Inspector: Walker A
Postcode: SW16 3PX

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, the date beyond which enforcement action was time-barred.

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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.