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Quashed On Legal Grounds3 November 20233296808

Land at 29 Westleigh Gardens, Edgware, HA8 5SQ

Planning appeal 3296808 at Land at 29 Westleigh Gardens, Edgware, HA8 5SQ (London Borough of Harrow) was decided (quashed on legal grounds) on 3 November 2023 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether it was too late to take enforcement action against the breach of planning control alleged in the notice (ground (d) appeal under section 174(2) of the Town and Country Planning Act 1990).

Material change of use of a single family dwellinghouse to use as three self-contained flats

Authority
London Borough of Harrow
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hawkins S
Postcode
HA8 5SQ

Main issues, as the Inspector framed them

  • Whether it was too late to take enforcement action against the breach of planning control alleged in the notice (ground (d) appeal under section 174(2) of the Town and Country Planning Act 1990)

What decided it

The appellant established on the balance of probability through statutory declarations, tenancy agreements, bank statements and Council correspondence that the property had been in continuous use as three self-contained flats for more than four years prior to the enforcement notice, thereby triggering the four-year immunity period under s.171B(2) of the Town and Country Planning Act 1990.

What the Inspector cited

Judgments
Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15

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 2023

  1. Notice varied and upheld4 August 20263355600
    Masons Arms, 75 High Street, Edgware, HA8 7DD
  2. Dismissed26 May 20263362512
    Stop N Shop, 5 Stuart Road, Harrow, HA3 7RF
  3. Notice upheld26 May 20263362509
    Land at 5 Stuart Road, Harrow, HA3 7RF
  4. Quashed On Legal Grounds26 May 20263349151
    81 Imperial Drive, Harrow, HA2 7DU
  5. Split Decision29 April 20263325757
    16 Brookshill Avenue, Harrow, HA3 6RZ

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.