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Split Decision22 February 20233294396

76 Castelnau, London, SW13 9EX

Planning appeal 3294396 at 76 Castelnau, London, SW13 9EX (Richmond Upon Thames London Borough Council) was allowed in part (a split decision) on 22 February 2023 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: The effect of not complying with Conditions GD01A and U0089635 on the living conditions of the neighbouring occupiers, with particular regard to privacy and noise disturbance.

failure to comply with conditions imposed on a planning permission ref 20/2105/HOT granted on 30 October 2020

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones R
Postcode
SW13 9EX

Main issues, as the Inspector framed them

  • The effect of not complying with Conditions GD01A and U0089635 on the living conditions of the neighbouring occupiers, with particular regard to privacy and noise disturbance
  • The effect of the railings along the periphery of the roof on the living conditions of the neighbouring occupiers

What decided it

The unacceptable harm to the living conditions of neighbouring occupiers through loss of privacy from the use of the roof as a terrace, which necessitated upholding the enforcement notice to cease that use, outweighed the appellant's practical concerns about maintenance access and safety.

What the Inspector cited

Development plan policies
Policy LP 8House Extensions and External Alterations SPD
National Planning Policy Framework
Paragraph 130

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 applied

The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.