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Planning appeal decision

Quashed On Legal Grounds19 January 20233302957

3 Agar Place, London, NW1 0RG

Planning appeal 3302957 at 3 Agar Place, London, NW1 0RG (London Borough of Camden) was decided (quashed on legal grounds) on 19 January 2023 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served on the appellant.

without planning permission, the erection of a glass balustrade to enable the use of the first floor flat roof as a terrace

Authority
London Borough of Camden
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Shields T
Postcode
NW1 0RG

Main issues, as the Inspector framed them

  • Whether the enforcement notice was properly served on the appellant
  • Whether the glass balustrade was erected more than 4 years before the enforcement notice was issued and is therefore immune from enforcement action

What decided it

The appellant demonstrated on the balance of probability that the glass balustrade was erected more than four years before the enforcement notice was issued and is therefore immune from enforcement action under section 174(2)(d) of the Town and Country Planning Act 1990.

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More decisions in London Borough of Camden

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

  1. Notice upheld17 September 20263376816
    Flat 1, Mexborough, Pratt Street, London, NW1 0BL
  2. Notice varied and upheld17 September 20263372650
    107 West End Lane, London, NW6 4SY
  3. Notice upheld17 September 20263361256
    3 Collard Place, Lonon, NW1 8DU
  4. Notice varied and upheld16 September 20263356264
    Flat A, 190 Fordwych Road, London, NW2 3NX
  5. Quashed On Legal Grounds15 September 20263378458
    12 Argyle Street, London, WC1H 8EG

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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