37 Mildmay Grove North, LONDON, N1 4RH

use of flat roof area to rear as an amenity terrace area by second floor flat (Flat 3)

Authority: London Borough of Islington
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Curnow R

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded

What decided it

The use of the flat roof as an amenity terrace is incidental to the use of the flat as a dwellinghouse and therefore does not constitute development requiring planning permission under section 55(2)(d) of the Town and Country Planning Act 1990.

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