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Planning appeal decision

Planning permission granted12 November 20213225155

Stadium Business Centre, North End Road, Wembley, HA9 0AT

Planning appeal 3225155 at Stadium Business Centre, North End Road, Wembley, HA9 0AT (London Borough of Brent) was allowed on 12 November 2021 by Inspector Merrett R, following an inquiry. The main issue, as the Inspector framed it: The effect of the development on the control of car parking in the area.

Without planning permission, the material change of use from a mixed use comprising: offices, light industrial, place of worship/education/religious instruction, vehicle repairs, storage and distribution and wedding services to a mixed use comprising: offices, light industrial, place of worship/education/religious instruction, vehicle repairs, storage and distribution, wedding services and Wembley Stadium / Arena Event Day parking

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Change of use
Inspector
Merrett R
Postcode
HA9 0AT

Main issues, as the Inspector framed them

  • The effect of the development on the control of car parking in the area
  • The effect of the development on the living conditions of local residents with particular regard to noise, disturbance and demand for on street parking
  • The effect of the development on highway and pedestrian safety
  • The effect of the development on air quality

What decided it

For Appeals A and B, defective service of the enforcement notice under ground (e) was decisive; for Appeals C and D, the failure to establish 10 years' continuous immune use under ground (d) and the finding that event day parking conflicted with the Council's car parking control strategy under ground (a) were decisive.

the absence of harm to living conditions, highway/pedestrian safety and air quality, and the benefit of estate maintenance funding, did not outweigh the harm to the Council's car parking control strategy for the Wembley Growth Area, so planning permission was refused

What the Inspector cited

Development plan policies
Policy CP7Policy DMP1Policy DMP12Wembley Area Action Plan 2015 (WAAP)Policy SI 1 of the London Plan 2021
Judgments
Jarmain v SSETR & Welwyn Hatfield DC [2000] EWCA Civ 126; Fidler v FSS & Reigate and Banstead BC [2004] EWCA Civ 1295; Sanders & Sanders v FSS & Epping Forest DC [2004] EWHC 1194 (Admin); Suburban Property Investment Limited v SSCLG & Another [2011] EWCA Civ 112; Howells v SSCLG [2009] EWHC 2757 (Admin); Latif v SSHCLG & LB Brent [2018] EWHC 4070 (Admin)

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 2021

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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.