®Planning appeal decision
38-40 Windmill Street, London, W1T 2JX
Planning appeal 3358238 at 38-40 Windmill Street, London, W1T 2JX (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.
‘confirmation that the caravan compliant container shown in the plans accompanying this application meets the approval granted in application 2023/4907/P’
- 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 container would meet the statutory definition of a caravan, and the Inspector found it would constitute a building requiring planning permission due to its substantial size, likely need for fixing in place, and permanence on the fourth-floor terrace.
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; Breckland DC v SSHCLG [2020] EWHC 292 (Admin); Chester CC v Woodward [1962] 2 WLR 636, 2 QB 126; 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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.