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Planning appeal decision

Notice varied and upheld8 January 20243306657

Boys N Berry, 839 Fulham Road, London, SW6 5HQ

Planning appeal 3306657 at Boys N Berry, 839 Fulham Road, London, SW6 5HQ (London Borough of Hammersmith and Fulham) was allowed in part (a split decision) on 8 January 2024 by Inspector Robbie G, by written representations. The main issue, as the Inspector framed it: The effect of the single storey rear conservatory extension on the living conditions of occupiers of the neighbouring residential flats, and particularly the lower ground floor (basement) flat at 841 Fulham Road, with particular regard to outlook, privacy, daylight and noise and disturbance.

failure to comply with conditions imposed on a planning permission ref 2020/02938/FUL granted on 18 January 2021

Authority
London Borough of Hammersmith and Fulham
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Robbie G
Postcode
SW6 5HQ

Main issues, as the Inspector framed them

  • The effect of the single storey rear conservatory extension on the living conditions of occupiers of the neighbouring residential flats, and particularly the lower ground floor (basement) flat at 841 Fulham Road, with particular regard to outlook, privacy, daylight and noise and disturbance

What decided it

The conservatory as-built fails to respect principles of good neighbourliness due to its material harm to the living conditions of occupiers of the neighbouring basement flat through combined adverse effects on outlook, privacy, daylight, and potential noise and disturbance.

What the Inspector cited

Development plan policies
Policy HO11Policy DC4Policy CC11SPD key principle HS4SPD key principle HS6SPD key principle HS7SPD key principle HS8

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. Dismissed21 August 20266010167
    15 Galena Road, London, W6 0LT
  3. Dismissed21 August 20266010163
    13 Galena Road, London, W6 0LT
  4. Notice varied and upheld25 June 20263362811
    50 Rostrevor Road, London, SW6 5AD
  5. Notice varied and upheld9 March 20263333795
    7 Ellaline Road, London, W6 9NZ

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.