Moorings at 106 Cheyne Walk, London, SW10 0DG

Authority: Royal Borough of Kensington and Chelsea
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: other · Change of use
Inspector: Moore D

Main issues, as the Inspector framed them

Whether the Council unreasonably issued the enforcement notice notwithstanding the ongoing LDC application as a means of alternative dispute resolution
Whether the notice and LDC refusal are based on vague, generalised or inaccurate assertions about impact and intensification, unsupported by objective analysis and contrary to well-established case law
Whether there was an unreasonable refusal to engage with the Appellant to agree a Statement of Common Ground
Whether the Council acted contrary to, or failed to follow, well-established case law

What decided it

The Council had carried out proper prior investigation and its decisions, though disagreed with on the planning merits, were reasonably evidenced and argued, so no unreasonable behaviour was established.

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