84 Kingsland Road, LONDON, E13 9PA

Without planning permission, the erection of a rear extension

Authority: London Borough of Newham
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Lo S

Main issues, as the Inspector framed them

Whether the matters alleged in the enforcement notice have occurred as a matter of fact (ground (b))
Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground (c))

What decided it

The structure exhibits the necessary degree of permanence to be regarded as a building under the Act and constitutes an extension requiring planning permission, failing to meet permitted development rights under Condition A.3 of the GPDO 2015 due to material differences in appearance from the host dwelling.

Judgments cited: Skerritts of Nottingham Ltd v SSETR (No.2) [2000] 2 PLR 102; Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1 QB 385

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