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Dismissed23 June 20223279600

Harrington House, Milton Road, Uxbridge, UB10 8PU

Planning appeal 3279600 at Harrington House, Milton Road, Uxbridge, UB10 8PU (London Borough of Hillingdon) was dismissed on 23 June 2022 by Inspector Dowsett J, following a hearing. The main issue, as the Inspector framed it: Whether the proposal is permitted development having regard to the provisions of Schedule 2, Part 3, Class O of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) and, in particular, whether the building is within the curtilage of a listed building.

Change of use from Office (Class B1) to create 47 x 1-bed flats including creation of bin and bike storage enclosures

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Change of use
Inspector
Dowsett J
Postcode
UB10 8PU

Main issues, as the Inspector framed them

  • Whether the proposal is permitted development having regard to the provisions of Schedule 2, Part 3, Class O of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) and, in particular, whether the building is within the curtilage of a listed building
  • The effect of the proposed development on the operation of the highway in the vicinity of the appeal site with particular regard to car parking

What decided it

The finding that Harrington House is within the curtilage of the Grade I listed Swakeleys, meaning the change of use is not permitted development under Class O of the GPDO.

What the Inspector cited

Development plan policies
Policy DMT6
National Planning Policy Framework
Paragraph 57
Judgments
Challenge Fencing v Secretary of State for Housing Communities and Local Government [2019] EWHC 533 (Admin); Hampshire County Council v Secretary of State for Environment, Food and Rural Affairs, Blackbushe Airport Limited, The Open Spaces Society, Mr Peter Tipton, Mr David Simpson, Adrian Collett [2020] EWHC 959 (Admin); R. (on the application of Hampshire CC) v Blackbushe Airport Ltd. [2021] EWCA Civ 398; Methuen-Campbell v Walters [1979] 1 QB 525

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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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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