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Dismissed27 May 20253351948

38 - 40 Windmill Street, London, W1T 2BE

Planning appeal 3351948 at 38 - 40 Windmill Street, London, W1T 2BE (London Borough of Camden) was dismissed on 27 May 2025 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse, or in respect of Appeals A and B its deemed refusal of, the certificate of lawfulness is well-founded.

Siting of a caravan compliant container on the fourth floor roof terrace for use incidental to the lawful residential use

Authority
London Borough of Camden
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Savage M
Postcode
W1T 2BE

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse, or in respect of Appeals A and B its deemed refusal of, the certificate of lawfulness is well-founded

What decided it

The appellant failed to demonstrate on the balance of probabilities that the proposed shipping container would meet the statutory definition of a caravan, and the Inspector found it would constitute a building requiring planning permission.

What the Inspector cited

Judgments
Measor v SSETR & Tunbridge Wells DC [1999] JPL 182; Wyre Forest BC v Allen's Caravans [1990] 2 WLR 517; Cardiff Rating Authority v Guest Keen Baldwin's Iron & Steel Co Ltd [1949] 1 KB 385; R (oao Save Woolley Valley Action Group Ltd) v Bath and North East Somerset Council [2012] EWHC 2161 (admin); Barvis v SSE [1971] 22 P&CR 710; Chester CC v Woodward [1962] 2 WLR 636, 2 QB 126; Breckland DC v SSHCLG [2020] EWHC 292 (Admin); Dill v SSCLG & Stratford-on-Avon DC [2017] EWHC 2378 (Admin), [2018] EWCA Civ 2619, [2020] UKSC 20; [2020] JPL 1421; Hall Hunter v First Secretary of State [2007] 2 P.& C.R.5

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Camden

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

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.