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Planning appeal decision

Notice varied and upheld8 November 20233306217

Land at Empire Way at Junction of Fulton Road, Wembley, London, HA9 0TF

Planning appeal 3306217 at Land at Empire Way at Junction of Fulton Road, Wembley, London, HA9 0TF (London Borough of Brent) was allowed in part (a split decision) on 8 November 2023 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: The effect on highway safety and traffic congestion in the locality.

Material change of use of the premises to a car park

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Bale M
Postcode
HA9 0TF

Main issues, as the Inspector framed them

  • The effect on highway safety and traffic congestion in the locality
  • The effect on air quality
  • The effect on living conditions of nearby residents and local businesses, with particular regard to noise and disturbance
  • Whether the steps required to remedy the breach are excessive
  • Whether the time to comply with the notice is too short

What decided it

The unauthorised car park use would contribute to increased private car movements and congestion in the locality, conflicting with the development plan's aim of reducing reliance on private transport and creating a high-quality, sustainable city quarter, and no material considerations indicated a decision should be taken otherwise than in accordance with the development plan.

The Inspector weighed the economic benefit of additional car parking provision against the conflict with development plan policies promoting sustainable transport and high-quality urban development, with the latter prevailing; the prospect of parking at the site in future under an extant permission was given very little weight as it would operate differently.

What the Inspector cited

Development plan policies
Policy BT2Policy DMP1Policy BCGA1Policy SI1 of the London Plan 2021

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 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.

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.