101 A-C INC, Chatsworth Road, London, NW2 4BH

1. 1.The inaccuracies in the survey render the actual site conditions and by extension the alterations as materially different from the original consent to the point that the original consented drawings would result in a site and alterations that are not considered to be minor material amendments under S73 of the Town and Country Planning Act.
2. 2.The proposed development would result in the reduction of the gross internal area of Flat 3 to 57.9sqm which would fall short of the London Plan Minimum Space Standard Requirement of 61sqm, in addition the shape of Bedroom 1 would result in a less practical use of the room. The reduction in the floor area and shape of Flat 3 as proposed would diminish the standard of accommodation by an unacceptable degree. The proposed reduction in floor area below the minimum, taken with the shape of Bedroom 1 would result in cramped living conditions for future occupants, contrary to London Plan Policy D6 and DMP of the Brent Development Management Policies Plan 2019-2041.
3. 3.Insufficient information has been submitted to accurately and precisely calculate the floor to ceiling height of Flat 5 and therefore determine the standard of accommodation for flat 5 in terms of floor to ceiling height and proportion floor area that would count towards the GIA in relation to London Plan Policy D6 and minimum space standards.
4. 4.The proposed development, including the single storey rear extension, addition of boiler shed and front extensions to the east and west side of the site, did not form part of the description of development of the parent permission. These alterations would result in development that would change the description of development and as such cannot be considered a Minor Material Amendment. This was established in the Court of Appeal Judgment in Finney established that Section 73 cannot be used to amend or contradict the description of development in the original planning permission.
5. 5.The proposed alterations to the main roof are considered to be significantly different to what was approved under the parent consent and it is considered that the alterations do not represent a minor material amendment when compared to the scope and scale of the parent consent. The proposed development is therefore considered contract to Section 73 of The Town and Country Planning Act.

From the council's decision notice.

Postcode

NW2 4BH