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Dismissed12 November 20253346902

Second Floor Flat, 13 Cornwall Crescent, London, W11 1PH

Planning appeal 3346902 at Second Floor Flat, 13 Cornwall Crescent, London, W11 1PH (Royal Borough of Kensington and Chelsea) was dismissed on 12 November 2025 by Inspector Kean G, by written representations. The main issue, as the Inspector framed it: Whether the roof of the appeal premises has been used continuously as a terrace in breach of Condition 5 of the Planning Permission for at least 10 years.

Use of the roof of the building as a terrace in contravention of Condition 5 of planning permission TP/96/1782

Authority
Royal Borough of Kensington and Chelsea
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Kean G
Postcode
W11 1PH

Main issues, as the Inspector framed them

  • Whether the roof of the appeal premises has been used continuously as a terrace in breach of Condition 5 of the Planning Permission for at least 10 years

What decided it

The appellant failed to demonstrate on the balance of probabilities that the roof was used as a terrace in a sufficiently active and continuous manner between 2013 and 2016 to establish immunity from enforcement action, as required by section 191(3) of the Town and Country Planning Act 1990.

The decision letter

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More decisions in Royal Borough of Kensington and Chelsea

The authority’s record since 2016 · every decision in 2025

  1. Planning permission granted23 July 20263328929
    Flat 5, 69 Oxford Gardens, London, W10 5UJ
  2. Quashed On Legal Grounds5 May 20263340011
    The Mews, 1A Victoria Gardens, London, W11 3PE
  3. Notice upheld11 February 20263352699
    12-14 Pottery Lane, London, W11 4LZ
  4. Planning permission granted26 January 20263359961
    Land at 23, And 25-27 Earl’s Court Square, London, SW5 9BY
  5. Split Decision26 January 20263359770
    Land at 23, And 25-27 Earl's Court Square, London, SW5 9DA

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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