®Planning appeal decision
Land at 33 Hamilton Road, Harrow, HA1 1SX, and 49 High Mead, Harrow, HA1 2TX
without planning permission: 1. The erection of an outbuilding in the rear garden of the Land shown hatched red on the annexed plan (Unauthorised Building) and; 2. The material change of use of the Land from use as a single dwelling house to use as two dwelling houses
- Authority
- London Borough of Harrow
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Rogers B
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice constitute a breach of planning control
- Whether the operational development (extension and alteration of the outbuilding) was lawful
- Whether the breach of planning control occurred more than four years before the notice was issued
- Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach
What decided it
The 2008 building became immune from enforcement action four years after substantial completion, and the 2017 works marked a new chapter in the planning history rather than a continuation, so the notice should be corrected and varied to address only the 2017 unauthorised development.
Judgments cited: Kestrel Hydro v SSCLG [2016] EWCA Civ 784; Mansi v Elstree RDC [1964] 16 P&CR 153
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.