Flats 1-3 Southern Cross House, 30 Challenge Close, London, NW10 4BF

failure to comply with conditions imposed on a planning permission ref 21/0679 granted on 6 May 2021

Authority: London Borough of Brent
Appeal type: minor · Enforcement Notice
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Whitfield J

Main issues, as the Inspector framed them

Whether a breach of Condition 4 (landscaping scheme submission and approval before occupation) has occurred
Whether a breach of Condition 6 (highway works prior to occupation) has occurred

What decided it

Condition 6 was unreasonably imposed and thus invalid because it delegated approval to the Local Highway Authority, required works outside the applicant's control, and imposed funding liability on the original applicant contrary to planning law.

Judgments cited: Newbury DC v SSE & Others [1980] 2 WLR 379, [1981] AC 578

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