®Planning appeal decision
BMC (Babul Murad Centre) - 852A-C and Rear of 852, Harrow Road, WEMBLEY, Middlesex, HA0 2PX
- Authority
- London Borough of Brent
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- community-institutional · Minor Dwellings
- Inspector
- Harbottle M
Main issues, as the Inspector framed them
- The effect of the development on the character and appearance of the area.
- The effect of the development on the living conditions of nearby residents.
- The effect of the development on the highway network, including the adequacy of on-site parking provision.
What decided it
The DPA's restriction of the use to twice-daily prayers for no more than 30 people with no outdoor events meant it avoided the harm to character, living conditions and highway safety associated with the wider mixed use that existed when the notice was issued.
The restricted Mosque use, secured by the unilateral undertaking and planning conditions, was found to accord with the development plan and avoid harm to character, living conditions and the highway network, so the appeal succeeded on ground (a) without need for a broader tilted balance exercise.
Plan policies cited: Policy DMP1, Policy BT2, Policy BSI1, London Plan Policy S1, London Plan Policy GC1, London Plan Policy H1, London Plan Policy H2, Policy BH1, Policy BH2, Policy BH4
Judgments cited: R (oao Davison) v Elmbridge Borough Council [2019] EWHC 1409 (Admin); R (oao Bates) v Maldon District Council [2019] EWCA Civ 1272
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.