Property Investment (Chelsea) Ltd v Kensington and Chelsea RLBC

摘要

The main issue to consider is whether the Council's decision to refuse the LDC was well-founded. No.22 is a three-storey terraced property located within the Chelsea Conservation Area. The building includes a closet wing extension which is part of the original Dwelling. (This is taken from para.2.4 of the planning agent's grounds of appeal. For clarity, art. 1(2) of the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) as amended defines the term "original" as follows: "in relation to a building, other than a building which is Crown land, existing on 1 st July 1948, as existing on that date and, in relation to a building, other than a building which is Crown land, built on or after 1st July 1948, as so built".) There is a modern single-storey extension to the side of the closet wing. The proposed development comprises the erection of a basement under the footprint of the original dwelling house. Scaled drawings were submitted with the LDC application and describe the extension as an "ancillary room". There is agreement that the construction work involved in the creation of the ancillary room amounts to development for planning purposes.