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Quashed On Legal Grounds7 June 20223271955

Land Rear of 4, 6 and 8 , Clifton Road, Harrow, HA3 9NS

Planning appeal 3271955 at Land Rear of 4, 6 and 8 , Clifton Road, Harrow, HA3 9NS (London Borough of Harrow) was decided (quashed on legal grounds) on 7 June 2022 by Inspector Walker A, following a hearing. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were served as required by section 172 of the Act, and if not, whether the appellant or any person not served has been substantially prejudiced such that non-service should not be disregarded under section 176(5) of the Act.

Without planning permission, the construction of a detached single storey building on the Land (“Unauthorised Building”). Without planning permission, the material change of use of the Land to use as an office (Class E (g) (Commercial, Business and Service)) of the Town and Country Planning (Use Classes) Order 1987 (“Unauthorised Use”)

Authority
London Borough of Harrow
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Major offices/R&D/light industry
Inspector
Walker A
Postcode
HA3 9NS

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notice were served as required by section 172 of the Act, and if not, whether the appellant or any person not served has been substantially prejudiced such that non-service should not be disregarded under section 176(5) of the Act

What decided it

The Council's failure to properly serve the enforcement notice on Leveloak Developments Limited, a landowner materially affected, causing it substantial prejudice.

The decision letter

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More decisions in London Borough of Harrow

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

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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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