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Split Decision12 December 20253355727

Ground Floor Flat, 41 Fifth Avenue, London, W10 4DL

Planning appeal 3355727 at Ground Floor Flat, 41 Fifth Avenue, London, W10 4DL (City of Westminster Council) was allowed in part (a split decision) on 12 December 2025 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the site and surrounding area.

the erection of an outbuilding with green roof in the rear garden (Retrospective)

Authority
City of Westminster Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Harwood A
Postcode
W10 4DL

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the site and surrounding area

What decided it

The outbuilding, as a modern take on a garden building, suitably contributes to the character and appearance of the rear gardens without adversely impacting the appreciation of the traditional terraced buildings in the conservation area.

What the Inspector cited

Development plan policies
Policy HC1 of the London Plan 2021Policy 38 of Westminster's City Plan (April 2021)Policy 39 of Westminster's City Plan (April 2021)Policy 5 of the Queen's Park Neighbourhood Plan (2021)

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 City of Westminster Council

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

  1. Notice varied and upheld4 August 20263374230
    82 Gloucester Terrace (Also Known As 37 Gloucester Mews), London, W2 3HH
  2. Notice upheld22 July 20263364587
    Flat D, 214 Ashmore Road, , London, W9 3DD
  3. Notice varied and upheld23 June 20263354192
    Basement And Ground Floor, 29 Strutton Ground, London, SW1P 2HY
  4. Quashed On Legal Grounds8 June 20263348704
    362 Harrow Road, London, W9 2HU
  5. Notice varied and upheld19 February 20263357914
    Ground and Basement Floor, 101 Westbourne Grove, London, W2 4UW

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.