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Planning appeal decision

Quashed On Legal Grounds19 January 20233302957

3 Agar Place, LONDON, NW1 0RG

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

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.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.