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Planning appeal decision

Notice upheld2 May 20233309063

Artemis Clinic, 1st Floor, 106-108 High Street, West Wickham, BR4 0ND

Planning appeal 3309063 at Artemis Clinic, 1st Floor, 106-108 High Street, West Wickham, BR4 0ND (London Borough of Bromley) was dismissed on 2 May 2023 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact.

Failing to comply with condition 5 of planning permission 18/04970/FULL1 by accessing the roof area other than for maintenance and as a means of escape. The planning permission was issued by the Council on 17 December 2018 and was for a first-floor rear extension on the land to provide additional physiotherapy/well-being therapy facilities. Condition 5 states “The flat roof of the escape route and the associated stairs shall not be used as a balcony or sitting out area and there shall be no access to the roof area other than for maintenance and as a means of escape

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Satheesan R
Postcode
BR4 0ND

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact

What decided it

The appellant's own admission that they were using the roof area for general bringing things in and out of the clinic, combined with photographic and witness evidence of regular access, established on the balance of probabilities that the breach of condition 5 had occurred.

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