Dunster Properties Ltd v First Secretary of State & Anor, Court of Appeal - Administrative Court, July 20, 2006, [2006] EWHC 2079 (Admin)

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Dunster Properties Ltd v First Secretary of State & Anor, Court of Appeal - Administrative Court, July 20, 2006, [2006] EWHC 2079 (Admin)

SMITH BERNAL WORDWAVE

CO/86/2006

Neutral Citation Number: [2006] EWHC 2079 (Admin)

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2

Thursday, 20th July 2006

B E F O R E:

MR JUSTICE BURTON

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DUNSTER PROPERTIES LIMITED

Appellant

-v-

FIRST SECRETARY OF STATE

First Respondent

and

ROYAL BOROUGH OF KENSINGTON AND CHELSEA

Second Respondent

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(Computer-Aided Transcript of the Palantype Notes of

Smith Bernal Wordwave Limited

190 Fleet Street London EC4A 2AG

Tel No: 020 7404 1400 Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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MR PHILIP PETCHEY (instructed by Messrs Lewis Silkin LLP, London EC4A 1BL) appeared on behalf of the Appellant

MISS KATE OLLEY (instructed by Treasury Solicitor) appeared on behalf of the Respondent

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J U D G M E N T 1. MR JUSTICE BURTON: This has been the hearing of an appeal by Dunster Properties Ltd against a decision of the First Secretary of State's inspector, Mr Mead, given on 25th November 2005.

2. The property the subject matter of the planning application is in a very attractive area of Chelsea, falling within the Cheyne conservation area, and in particular it relates to premises at 64/65 Glebe Place, SW3. There is a terrace on the north-eastern side of the Place. I have only looked at some of the plans, but it appears that this terrace is one containing properties of different shapes and sizes. The desire is to build a first-floor extension to what is at the moment only a single-storey building which forms part of that terrac...

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