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Planning appeal decision

Notice varied and upheld12 March 20243305006

22 Upper Mall, Hammersmith, London, W6 9TA

Planning appeal 3305006 at 22 Upper Mall, Hammersmith, London, W6 9TA (London Borough of Hammersmith and Fulham) was allowed in part (a split decision) on 12 March 2024 by Inspector Robbie G, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity (ground f).

Retention of a single storey art studio together with removal of tall, steep pitched roof and replacement with low pitched roof. Retention of a single storey conservatory attached to the new art studio at the rear of 22 Upper Mall’. Summary

Authority
London Borough of Hammersmith and Fulham
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Not Applicable
Inspector
Robbie G
Postcode
W6 9TA

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or injury to amenity (ground f)
  • Whether the period specified in the enforcement notice for compliance is reasonable (ground g)
  • The effect of the alternative scheme on the character and appearance of the surrounding area, having particular regard to its effect upon the character or appearance of The Mall Conservation Area and the setting of Listed Buildings and Buildings of Merit

What decided it

The alternative scheme's lower roof structure would allow the relationship between the Great West Road corridor and the rear elevations of listed buildings to be better appreciated, and would not cause harm to the setting of listed buildings, the character or appearance of the conservation area, or Buildings of Merit.

What the Inspector cited

Development plan policies
London Plan (2021) Policy HC1Local Plan (2018) Policies DC1Local Plan (2018) Policies DC4Local Plan (2018) Policies DC8Local Plan (2018) Policies RTC3Key Principles AH1Key Principles AH2Key Principles CAG3

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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More decisions in London Borough of Hammersmith and Fulham

The authority’s record since 2016 · every decision in 2024

  1. Quashed On Legal Grounds18 September 20263355656
    Unit 1D, Woodstock Studios, 36 Woodstock Grove, London, W12 8LE
  2. Notice varied and upheld25 June 20263362811
    50 Rostrevor Road, London, SW6 5AD
  3. Notice varied and upheld9 March 20263333795
    7 Ellaline Road, London, W6 9NZ
  4. Notice upheld26 September 20253334376
    First Floor Flat A, 770 Fulham Road, London, SW6 5SJ
  5. Notice upheld15 September 20253342440
    The Cottage, 1D Oaklands Grove, London, W12 0JD

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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