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Planning appeal decision

Quashed On Legal Grounds23 July 20213239613

51 Curzon Avenue, Stanmore, HA7 2AL

Planning appeal 3239613 at 51 Curzon Avenue, Stanmore, HA7 2AL (London Borough of Harrow) was decided (quashed on legal grounds) on 23 July 2021 by Inspector Perkins L, following a hearing. The main issue, as the Inspector framed it: Whether the matters alleged in the notice have occurred, as a matter of fact (ground (b)).

Without planning permission: the material change of use of the detached outbuilding to use as a guest rental unit (“the Unauthorised Use”)

Authority
London Borough of Harrow
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Perkins L
Postcode
HA7 2AL

Main issues, as the Inspector framed them

  • Whether the matters alleged in the notice have occurred, as a matter of fact (ground (b))
  • Whether the matters alleged in the notice constitute a breach of planning control (ground (c))

What decided it

The Inspector found that the use of the outbuilding by paying guests remained ancillary to the main dwellinghouse due to physical and functional connections, so no material change of use (and therefore no breach of planning control) had occurred.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207

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 Harrow

The authority’s record since 2016 · every decision in 2021

  1. Notice varied and upheld4 August 20263355600
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  2. Dismissed26 May 20263362512
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  3. Notice upheld26 May 20263362509
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  4. Quashed On Legal Grounds26 May 20263349151
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  5. Split Decision29 April 20263325757
    16 Brookshill Avenue, Harrow, HA3 6RZ

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.