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Planning appeal decision

Planning permission granted6 August 20213257345

Land at 125 Lynton Road, Harrow, HA2 9NH

Planning appeal 3257345 at Land at 125 Lynton Road, Harrow, HA2 9NH (London Borough of Harrow) was allowed on 6 August 2021 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: 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.

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”)

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Franks Z
Postcode
HA2 9NH

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.

What the Inspector cited

Development plan policies
Harrow Core Strategy 2012 Policy CS1Harrow Development Management Policies 2013 Policy DM1Harrow Development Management Policies 2013 Policy DM26Harrow Development Management Policies 2013 Policy DM45London Plan 2021 Policy D6

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

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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.

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