This doesn’t come up very often so we thought we’d share.
A condition requiring rooftop extensions at three adjacent properties in north London to be constructed concurrently has been upheld at appeal (DCS Number 400-015-207). The locally listed buildings formed part of a Georgian terrace and the council was concerned to protect the overall unity and character of the terrace. The owners of two of the properties were keen to proceed as soon as possible, whilst the third owner could not commit to the same time frame as the others. The inspector understood that, as the properties were in individual ownership, the condition was frustrating the ambition of others, particularly that of the appellant who was keen to progress a wider scheme of restoration for his property.
The appellant referred to advice in the Planning Practice Guidance, which states that conditions requiring development to be carried out in its entirety will fail the test of necessity by requiring more than is needed to deal with the problem they are designed to solve. The inspector reasoned, however, that specific policies and guidance had been put in place to enable the management and control of the character and appearance of heritage assets, particularly in terms of the protection of roof lines in the area. The condition did not require more than the problem it was designed to solve but rather was necessary to ensure a coherent roofscape. The inspector was satisfied that the condition met the tests set out in the NPPG and concluded that it should be retained in its present form.
The following DCP chapter is relevant: 4.423