Planning & Further Development

Property changes & Developments

building-plan-354233_1280
architecture-1666926_1280
1920px-Lb_ealing_logo.svg
ladder-21291_1280

Background and Process

Before the Copenhagen Gardens properties were built the developers, Dancon Limited, had to apply in 1986/87 to Ealing Borough Council for planning permission which though granted, there were Conditions attached to the Planning Permission that related to each of the units

Unfortunately, and regrettably this constraint is not widely known about and consequently current residents have been notified of the details for future reference.

The principle aim of the planning conditions is to prevent over development of any individual property to the detriment of all neighbouring properties and applies to full brick-built extensions, conservatories and office pods or other permanent construction beyond the original built perimeter. This requirement does not apply to temporary structures like stand-alone greenhouses or garden sheds etc.

Planning Permission granted by the London Borough of Ealing in connection with the development at Copenhagen Gardens under reference SCA/MM/TPE 7585/25 on 22nd January 1987 contains Clause 7 in the Schedule of Conditions as follows: “Notwithstanding the provisions of Article 3 on Schedule 1 Class 1.1 of the Town & Country Planning General Development Order 1977 – 1981 no further extensions or additions to the dwellings shall be built without the prior written permission of the local planning authority obtained through a submission of a planning application.  Reason: to prevent the overdevelopment of the site and to safeguard the amenity of the adjoining properties”.

The current Town and Country Planning (General Permitted Development) Order 1995 reinforces this provision. Permitted Development rights can be removed by the local planning authority either by means of the condition on a planning application or an article 4 direction.

It is clear that the planning authority has imposed a condition in the planning permission relating to the development at Copenhagen Gardens, removing this permitted development right and therefore planning permission must be obtained for the purpose of carrying out any kind of construction at the rear of the property.

Due to the existence of this blanket requirement to obtain Ealing Borough Council Planning Department consent, the Directors of Copenhagen Gardens Amenities (No.2) Ltd are not legally authorised or entitled to unilaterally give any property owner permission to erect any kind of permanent construction on the Estate without prior approval by Ealing Borough Council.

If you need more information, please use the Contact Us page.