Land at 33 Hamilton Road, Harrow, HA1 1SX, And 49 High Mead, Harrow, HA1 2TX

Planning appeal 3253032 at Land at 33 Hamilton Road, Harrow, HA1 1SX, And 49 High Mead, Harrow, HA1 2TX (London Borough of Harrow) was allowed in part (a split decision) on 12 August 2021 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control.

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
Postcode: HA1 2TX

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.

What the Inspector cited

Judgments: Kestrel Hydro v SSCLG [2016] EWCA Civ 784; Mansi v Elstree RDC [1964] 16 P&CR 153

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.

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The decision letter

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More decisions in London Borough of Harrow

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

Notice varied and upheld4 August 20263355600
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Dismissed26 May 20263362512
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Notice upheld26 May 20263362509
Land at 5 Stuart Road, Harrow, HA3 7RF
Quashed On Legal Grounds26 May 20263349151
81 Imperial Drive, Harrow, HA2 7DU
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.