59 Sutton Crescent, BARNET, EN5 2SW

retention of 2 No. air conditioning units

Authority: London Borough of Barnet
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: utilities-energy · Householder developments
Inspector: Franks Z

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant the LDC for the retention of the air conditioning units was well-founded, requiring proof on balance that each unit has been in place for a continuous period of 4 years prior to the date of the application, or that there has been no development

What decided it

Unit 1 had been in continuous place for more than 4 years before the application date making it immune from enforcement, and the replacement Unit 2 does not materially affect the external appearance of the building and therefore does not constitute development.

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