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Enforcement appeal success for residential gym in Harrow, London

Enforcementappealexamples

We are delighted with a recent enforcement appeal win for a number of external changes to a family dwelling in Harrow, London. The Enforcement Notice (EN) presented several alleged breaches of planning control; including the raising of garden levels, the erection of a gym, poolside changing room and a garden shed.

Plainview Planning were called in to assist after the Appellant felt that the Council, rather than explore potential solutions, saw fit to issue an unexpected EN which sought the demolition and removal of the perceived planning breaches.

Making the case for enforcement appeal:

Our planning consultants reviewed the grounds for enforcement and undertook a thorough analysis of what had been built against local policy and its impact on neighbouring amenity. We identified a lack of evidence on the part of the Council to justify the majority of their claims and our assessment of the works carried out revealed that the majority of it was in accordance with the Council’s adopted planning policies.

Remedial rather than punitive:

Our methodical analysis of the alleged breaches to planning control assessed against what had been built, the Council’s own policy and relevant Case Law, identified that the Councils response was not in line with the Planning Practice Guidance. Our appeal case stressed that that the enforcement procedure is intended to be remedial rather than punitive and that solutions should be sought rather than punishment.

The outcome:

Our solutions based appeal was met positively by the Planning Inspector with the majority of the developments being allowed.

About us:

Our planning consultants work across the developer, commercial and homeowner sectors and provide professional planning support for enforcement cases.  Our knowledge and experience means we are effective at providing solution based outcomes.

Contact our team via enquiries@plainview.co.uk to see how we can best assist.