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Quashed On Legal Grounds6 September 20223271225

79 Oakleigh Avenue , Edgware, London, HA8 5DS

Planning appeal 3271225 at 79 Oakleigh Avenue , Edgware, London, HA8 5DS (London Borough of Harrow) was decided (quashed on legal grounds) on 6 September 2022 by Inspector Boffin D, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is defective in its description of the alleged breach of planning control as a mixed use rather than separate uses in separate planning units.

Without planning permission: 3.1 the unauthorised change of use of the Land from single family dwelling house (Use Class C3) to mixed use comprising one self-contained flat in the side extension and a House in Multiple Occupation (HMO) in the main house ("The Unauthorised Use")

Authority
London Borough of Harrow
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Boffin D
Postcode
HA8 5DS

Main issues, as the Inspector framed them

  • Whether the enforcement notice is defective in its description of the alleged breach of planning control as a mixed use rather than separate uses in separate planning units

What decided it

The enforcement notice is defective in its description of the breach as a mixed use rather than separate uses in separate planning units, and cannot be corrected without causing injustice to the appellant.

The decision letter

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More decisions in London Borough of Harrow

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld4 August 20263355600
    Masons Arms, 75 High Street, Edgware, HA8 7DD
  2. Dismissed26 May 20263362512
    Stop N Shop, 5 Stuart Road, Harrow, HA3 7RF
  3. Notice upheld26 May 20263362509
    Land at 5 Stuart Road, Harrow, HA3 7RF
  4. Quashed On Legal Grounds26 May 20263349151
    81 Imperial Drive, Harrow, HA2 7DU
  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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