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Planning appeal decision

Notice varied and upheld6 November 20233305309

30 Imperial Way, Harrow , HA3 9SW

Planning appeal 3305309 at 30 Imperial Way, Harrow , HA3 9SW (London Borough of Brent) was allowed in part (a split decision) on 6 November 2023 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (material change of use to a separate residential use) has occurred.

Without planning permission, the material change of use of the building in the rear garden to a separate residential use ("the unauthorised change of use")

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Bale M
Postcode
HA3 9SW

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (material change of use to a separate residential use) has occurred
  • Whether the use as a separate dwellinghouse had continued substantially uninterrupted for 4 years prior to issue of the enforcement notice
  • Whether the steps required by the notice are excessive to remedy the breach
  • Whether the time for compliance is reasonable

What decided it

The use as a separate dwellinghouse had continued for only 3 years and 11 months, falling short of the 4-year period required to establish immunity from enforcement action under section 174(2)(d).

The decision letter

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More decisions in London Borough of Brent

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

  1. Notice upheld30 September 20263359486
    30 Randall Avenue, London, NW2 7RN
  2. Planning permission granted25 September 20263377160
    26 Sidmouth Road, London, NW2 5HJ
  3. Notice upheld24 September 20263365164
    Land and Garage, Rear of 21 Ivy Road and Adjacent to 31 Cedar Road, London, NW2 6SN
  4. Split Decision17 September 20263357462
    61 Alder Grove, London, NW2 7DE
  5. Notice varied and upheld16 September 20263365031
    73A and the Rear Part of 73 Willesden Lane, Kilburn, London, NW6 7RR

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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