CASEBOOK: Appeal cases - Householder Development - Enforcement notice against extension held flawed

An enforcement notice requiring a single-storey rear extension to a house in north London to be reduced in size has been held to be flawed and incapable of being corrected without causing injustice.

The notice required the volume of the extension to be reduced to 50 cu m.

The inspector noted that it did not specify how this requirement should be achieved having regard to the width, height and length of the structure.

He also noted that the upper part of a two-storey extension that had already been built at the property was subject to an enforcement notice requiring its removal.

Under these circumstances the property did not benefit from permitted development rights for further extensions. The inspector considered that the council's efforts to reduce the overall floorspace to accord with class A, part 1, schedule 2 of the General Permitted Development Order 1995 was confusing and that this justified quashing the notice.

DCS No: 31608030; Inspector: Christopher Craig; Inquiry.


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