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Conditions or Reasons for Planning Application - CB/21/01497/LDCE
Conditions or Reasons:
1) The basement void works, that formed the current basement area for the dwelling at 30 Holywell Road, are considered to have been structural works required for, and encompassed within, the approved development granted planning permission under the planning application CB/10/04439/FULL. As such, the structural basement works would not constitute a seperate form of 'development' from those previously approved, i.e. a building operation, under section 55(1)&(1A) of the Town and Country Planning Act 1990 (as amended) ('the Act'), meaning that planning permission would not have been explicitly required.

Furthermore, the subsequent 'fitting out' of the dwelling's basement area into habitable space, such as to be used as a personal gym and/or home cinema, has been for uses incidental to the enjoyment of the site's dwelling as such, meaning that 'development' did not occur in accordance with section 55(2)(d) of the Act.

Also, building works associated with the 'fitting out' of the basement area would have been internal works that would not be 'development' or come under planning control as per section 55(2)(a) of the Act.
2) By virtue of Section 171B(1) of the Act no enforcement action may be taken after the period of four years beginning with the date of the breach of planning control and the operations are therefore lawful by virtue of Section 191(2) of the Act because the time for enforcement action has expired.


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