Area of Grass Verge, Popham Close, Hampton Road West, Hanworth Hounslow, TW13 6BL
London Borough of Hounslow — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 11 February 2024
- Authority
- London Borough of Hounslow
- Inspector
- Robinson N
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Other minor developments
- Appellant
- CK Hutchison Networks (UK) Ltd
- LPA reference
- 01405/E/PA1
- ONS LPA code
- E09000018
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 28 September 2023
Summary AI
The appeal was dismissed due to procedural errors, specifically incorrect notification and plans. The inspector did not consider the merits of the proposal.
PDF text
Area of Grass Verge, Popham Close, Hampton Road West, Hanworth Hounslow, TW13 6BL — London Borough of Hounslow — Appeal Decision Site visit made on 06 February 2024 by N Robinson BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 11 February 2024 Appeal Ref: APP/F5540/W/23/3323292 Popham Close street works, Popham Close, Hounslow TW13 6BL • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 16, Class A of the Town & Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by CK Hutchison Networks (UK) Ltd against the decision of Council of the London Borough of Hounslow. • The application Ref 01405/E/PA1, dated 14 December 2022, was refused by notice dated 06 February 2023. • The development proposed is Proposed 5G telecoms installation: H3G 20m street pole and additional equipment cabinets. Decision 1. The appeal is dismissed. Procedural Matters 2. The Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (the Order) Part 16 Class A Para A.3 (1) states that “The developer must give notice of the proposed development to any person (other than the developer) who is an owner of the land to which the development relates.” 3.
Area of Grass Verge, Popham Close, Hampton Road West, Hanworth Hounslow, TW13 6BL — London Borough of Hounslow — Appeal Decision The submission sets out that the appellant gave notice of a proposed development at Popham Close. However, the plans indicating the location of the proposed installation show a different site. Consequently, it has not been shown that the correct notification has been carried out as required by the Order or that the proposal is accompanied by appropriate plans of the site. Therefore, the requirements of Part 16 Class A Para A.3 (1) of the Order do not appear to have been met and prior approval cannot be granted. 4. It has not been shown that the correct notification has been carried out. Given the procedural problems and the injustice that could arise from the uncertainties this creates, I have not gone on to deal with the merits of the proposal. Conclusion 5. For the reasons given above the appeal is dismissed.
Area of Grass Verge, Popham Close, Hampton Road West, Hanworth Hounslow, TW13 6BL — London Borough of Hounslow — N Robinson INSPECTOR https://www.gov.uk/planning-inspectorate
Main issues and findings
Housing land supply Against appellant ¶3
The appellant failed to show that they had given the correct notification and provided adequate plans, which is a requirement for prior approval.
Housing land supply Against appellant ¶4
The procedural problems and potential injustices meant that the inspector did not consider the merits of the proposal.
Policies relied on
| Reference | Weight |
|---|---|
| Town and Country Planning (General Permitted Development) (England) Order 2015 as amended |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 11 February 2024 under the Open Government Licence.