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Planning appeal decision

Planning permission granted3 October 20223274522

14 Langland Crescent, Stanmore, HA7 1NG

Planning appeal 3274522 at 14 Langland Crescent, Stanmore, HA7 1NG (London Borough of Harrow) was allowed on 3 October 2022 by Inspector Pleasant L, following an inquiry. The main issue, as the Inspector framed it: 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.

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”)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Pleasant L
Postcode
HA7 1NG

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.

What the Inspector cited

Development plan policies
Policy CS1Policy D3Policy D6Policy DM1Policy DM26
Judgments
Gravesham BC v SSE and Another [1984] 47P. & CR 142; Uttlesford DC v SSE [1991] 2 PLR 76

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.

See how each was applied

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.