Our client was issued with an enforcement notice by Hackney Council in relation to an alleged breach of planning control. The notice concerned the erection of a sukkah roof structure on top of the rear dormer of the property. The authority considered this addition to be development carried out without the necessary planning permission, and therefore a breach of planning regulations.
The enforcement notice set out specific requirements for compliance. These included the complete removal of the sukkah roof that had been installed on the dormer, together with the reinstatement of the building fabric to ensure that all damage caused by the works was repaired and the property restored to its previous condition.
An appeal was lodged against the notice on behalf of our client. The grounds of appeal addressed both the planning merits of the sukkah roof and the proportionality of enforcement action. It was argued that the structure was modest in scale, and did not result in any significant harm to the character of the property or to neighbouring amenity. Furthermore, the appeal highlighted the personal and cultural importance of the sukkah roof to our client and their family.
The inspector, having considered the evidence and submissions, concluded that the enforcement notice should not be upheld. The appeal was therefore granted. This outcome means that our client is no longer required to remove the sukkah roof or carry out the remedial works demanded by the notice. The decision recognises both the planning considerations and the particular circumstances of our client, bringing the matter to a positive resolution.
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