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Planning permission granted27 July 20223180565

Bmc (Babul Murad Centre) - 852A-C and Rear of 852, Harrow Road, Wembley, Middlesex, HA0 2PX

Planning appeal 3180565 at Bmc (Babul Murad Centre) - 852A-C and Rear of 852, Harrow Road, Wembley, Middlesex, HA0 2PX (London Borough of Brent) was allowed on 27 July 2022 by Inspector Harbottle M, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the area.

Material change of use of the premises to a mixed use as residential and community centre/place of worship, and erection of floodlights, a flag/flagpole and signage

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
community-institutional · Minor Dwellings
Inspector
Harbottle M
Postcode
HA0 2PX

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.

What the Inspector cited

Development plan policies
Policy DMP1Policy BT2Policy BSI1London Plan Policy S1London Plan Policy GC1London Plan Policy H1London Plan Policy H2Policy BH1Policy BH2Policy BH4
Judgments
R (oao Davison) v Elmbridge Borough Council [2019] EWHC 1409 (Admin); R (oao Bates) v Maldon District Council [2019] EWCA Civ 1272

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2022

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  2. Planning permission granted25 September 20263377160
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  3. Notice upheld24 September 20263365164
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  4. Split Decision17 September 20263357462
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  5. Notice varied and upheld16 September 20263365031
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.