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Dismissed21 December 20233309062

Ground Floor Flat, 41 Fifth Avenue, London, W10 4DL

Planning appeal 3309062 at Ground Floor Flat, 41 Fifth Avenue, London, W10 4DL (City of Westminster Council) was dismissed on 21 December 2023 by Inspector Hitchcock R, by written representations. The main issue, as the Inspector framed it: Whether or not the Council's decision to refuse the LDC was well founded.

There have been no building operations. This certificate is submitted to confirm that the non- permanent garden office caravan is a caravan as defined in the relevant legislation and not a building that has been undertaken by a building operation. It is used incidentally to the dwelling, and therefore there has been no development under S55 of the TCPA

Authority
City of Westminster Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hitchcock R
Postcode
W10 4DL

Main issues, as the Inspector framed them

  • Whether or not the Council's decision to refuse the LDC was well founded

What decided it

The structure does not satisfy the statutory definition of a caravan as it lacks facilities for human habitation, and it constitutes a building under planning law due to its substantial construction, high degree of permanence, and assembly on site.

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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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