®Planning appeal decision
Land at 125 Lynton Road, HARROW, HA2 9NH
1. Without planning permission the unauthorised construction of a single storey side to rear extension and wooden canopy (“Unauthorised Development”); and 2. Without planning permission the unauthorised change of use of the Land from use as a single family dwelling house to use as 2 dwelling houses (“Unauthorised Use”)
- Authority
- London Borough of Harrow
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Franks Z
Main issues, as the Inspector framed them
- the effect of the development as built on (i) the character and appearance of the area; (ii) the living conditions of the occupiers and future occupiers in terms of size, layout, outdoor amenity space; and in lack of provision of refuse and cycle storage
What decided it
The appellant's evidence, unchallenged by the Council, established that the flat had been used as a separate self-contained dwelling for substantially more than 4 years prior to the enforcement notice, thereby establishing lawful use under ground (d), which combined with conditions addressing character and living standards, justified allowing the appeal and granting deemed planning permission.
The visual harm to character and appearance caused by the extension's prominence and material contrast was outweighed by the established lawful use of the property as two dwellings and the ability to mitigate harm through rendering; the living conditions concerns were addressed by imposing an occupancy limit and requiring cycle and refuse storage provision.
Plan policies cited: Harrow Core Strategy 2012 Policy CS1, Harrow Development Management Policies 2013 Policy DM1, Harrow Development Management Policies 2013 Policy DM26, Harrow Development Management Policies 2013 Policy DM45, London Plan 2021 Policy D6
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.