Land at 5 Stuart Road, HARROW, HA3 7RF

the creation of a residential flat (C3) at the rear of the commercial premises

Authority: London Borough of Harrow
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Ghafoor A

Main issues, as the Inspector framed them

Ground (b): Has the alleged breach occurred?
Ground (c): Do the alleged matters constitute a breach of planning control?
Ground (d): Is it too late to act and does the certificate of lawful use application succeed?

What decided it

The appellants failed to provide clear and unambiguous evidence on the balance of probability that the material change of use of the rear part to residential use began on or before the relevant dates for either the enforcement notice or the certificate of lawful use application.

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