Appeal Allowed quashing enforcement notice

07 Nov Appeal Allowed quashing enforcement notice

Consilio have successfully quashed an enforcement notice at appeal for the retention of a children’s nursery in Harrow.

The nursery had been in operation for approx. 6 months when the notice was served by the Council. Upon instruction Consilio were able to prepare a robust statement, supported by a Sound and Highways report which demonstrated that the use was not as harmful as the Council believed. The Inspector considered the retrospective scheme and agreed with our grounds of appeal in that the Council had sought to justify refusal against policies that had not yet been adopted; contrary to the NPPF.

The Inspector also gave greater weighting to the content of the Highways report officers comments, and summarised that through the appropriate use of conditions the scheme would be appropriate in this setting. The Inspector was critical of the Council not giving appropriate evidence to support their claims relating to the impact on the Highway.

The Inspector concluded that the proposed floor plans complied with the London Plan SPG and as such, planning permission be granted subject to conditions.

Our client is very grateful for the teams efforts in protecting their business and we are now retained to deal with conditions attached to the appeal.