Land at Farmland at Hive Farm, Hive Road, Bushey, Herts, WD23 1JQ

Planning appeal 3294681 at Land at Farmland at Hive Farm, Hive Road, Bushey, Herts, WD23 1JQ (London Borough of Harrow) was decided (quashed on legal grounds) on 21 November 2023 by Inspector Freer P, following a hearing. The main issue, as the Inspector framed it: Whether, on ground (d), at the date on which the notice was issued, no enforcement action could be taken in respect of the breach of planning control alleged, i.e. whether the building had become immune from enforcement by being substantially complete more than four years before the notice was issued.

Unauthorised construction of a new dwelling (enforcement notice appeal)

Authority: London Borough of Harrow
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Householder developments
Inspector: Freer P
Postcode: WD23 1JQ

Main issues, as the Inspector framed them

Whether, on ground (d), at the date on which the notice was issued, no enforcement action could be taken in respect of the breach of planning control alleged, i.e. whether the building had become immune from enforcement by being substantially complete more than four years before the notice was issued

What decided it

The appellant's clear, consistent and unambiguous evidence (Statutory Declaration, photographic evidence and matching fittings) established on the balance of probability that the dwelling was substantially complete and in domestic use before 7 February 2018, rendering the development immune from enforcement action under the four-year rule.

What the Inspector cited

Judgments: Sage v SSETR & Maidstone BC [2003] UKHL 22; Devine v SSLUHC [2023] 1 WLR 983; Gravesham BC v SSE & O'Brien [1983] JPL

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.

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The decision letter

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More decisions in London Borough of Harrow

The authority’s record since 2016 · every decision in 2023

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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.