®Planning appeal decision
14 Langland Crescent, STANMORE, HA7 1NG
Without planning permission, the material change of use of the detached outbuilding shown hatched in the plan in the rear garden of the Land from a use incidental to the enjoyment of the dwellinghouse to a use as a self-contained flat (“the Unauthorised Use”)
- Authority
- London Borough of Harrow
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Pleasant L
Main issues, as the Inspector framed them
- Whether the material change of use took place before the 6 April 2017, with the use as a single dwellinghouse continuing for at least four years thereafter
- Whether the development is acceptable in principle, having regard to local planning policies in relation to the location of new housing
- Whether the development provides for acceptable living conditions for existing occupiers, having regard to the personal circumstances of the existing occupier
What decided it
The occupier's pressing personal circumstances (health-related needs and protected characteristic) justified granting a personal planning permission despite the development's conflict with the development plan.
The harm from conflict with the development plan (unacceptable in principle as garden land development, and substandard living conditions for an unrestricted dwelling) was outweighed by the significant weight given to the existing occupier's pressing personal circumstances, tipping the balance in favour of granting a personal permission.
Plan policies cited: Policy CS1, Policy D3, Policy D6, Policy DM1, Policy DM26
Judgments cited: Gravesham BC v SSE and Another [1984] 47P. & CR 142; Uttlesford DC v SSE [1991] 2 PLR 76
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.