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Judgment
MR JUSTICE GILBART :
Leave to appeal in this case under s 289 (“ Town and Country Planning Act 1990 TCPA 1990 ”) was granted by Judge Ockleton sitting as a deputy High Court Judge. It concerns an enforcement notice served on 21st February 2013 under section 172 TCPA 1990 in the following terms:
“ Schedule 1: Land or premises affected
650 North Circular Road Neasden London NW2 7QJ
Schedule 2: The Alleged Breach of Planning Control
Without planning permission, the erection of a dwelling in
the rear garden of the premises
Schedule 3: Reasons for issuing the Notice
It appears to the Council that the unauthorised development took place within the last 4 years
The dwelling, by virtue of its scale and size of floor area, is not incidental to the enjoyment of the dwelling house and is therefore out of keeping with the area……
The dwelling forms a separate residential unit of accommodation in the rear garden of the premises and results in a substandard form of accommodation, which is not incidental to the enjoyment of the dwelling house. It is therefore out of keeping with the area……..
The dwelling, by virtue of its excessive size, height and close proximity to the side and rear boundaries, appears as an obtrusive and overbearing feature, almost spanning the full width of the garden at a height in excess of 2.5 m. This is disproportionately large and is detrimental to the visual amenities of the neighbouring properties and the locality………..
Schedule 4
What you are required to do to remedy the breach
of planning control- s 173(4)(A)
Demolish the dwelling in the rear garden of the premises, remove all items and debris arising from that demolition and remove all materials associated with the unauthorised development from the premises.
Schedule 5: Time for Compliance
3 months after this Notice takes effect
The building in question lies at one end of the rear garden of Number 650, adjacent to the rear boundary, which abuts a service road which runs along the rear of the house and of its neighbours.
The Appellant entered an appeal under section 174(2) of TCPA 1990 . That sets out a number of grounds which can be argued, including
“(a) that, in respect of any breach of planning control which may be constituted by the matters stated in the notice, planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged;
(b) that those matters have not occurred;
(c) that those matters (if the