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Planning appeal decision

Notice upheld7 June 20233300204

Land at 42-50 Earl's Court Road, London, W8 6FT

Planning appeal 3300204 at Land at 42-50 Earl's Court Road, London, W8 6FT (Royal Borough of Kensington and Chelsea) was dismissed on 7 June 2023 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: Whether the period for compliance with the enforcement notices falls short of what is reasonable under section 174(2)(g) of the Town and Country Planning Act 1990.

without planning permission, the erection of a roof structure on the flat roof to protect HVAC equipment and server room

Authority
Royal Borough of Kensington and Chelsea
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
utilities-energy · Other minor developments
Inspector
Thompson F
Postcode
W8 6FT

Main issues, as the Inspector framed them

  • Whether the period for compliance with the enforcement notices falls short of what is reasonable under section 174(2)(g) of the Town and Country Planning Act 1990

What decided it

The developments cause material harm to character and appearance and neighbouring amenity, and six months provides a reasonable and proportionate period for compliance when combined with the time already elapsed since the breaches were identified.

The decision letter

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More decisions in Royal Borough of Kensington and Chelsea

The authority’s record since 2016 · every decision in 2023

  1. Planning permission granted23 July 20263328929
    Flat 5, 69 Oxford Gardens, London, W10 5UJ
  2. Quashed On Legal Grounds5 May 20263340011
    The Mews, 1A Victoria Gardens, London, W11 3PE
  3. Notice upheld11 February 20263352699
    12-14 Pottery Lane, London, W11 4LZ
  4. Planning permission granted26 January 20263359961
    Land at 23, And 25-27 Earl’s Court Square, London, SW5 9BY
  5. Split Decision26 January 20263359770
    Land at 23, And 25-27 Earl's Court Square, London, SW5 9DA

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.

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