Why we have won 8 of our last 10 planning appeals in Harrow
The London Borough of Harrow rejects a higher proportion of planning applications than many other councils and takes a particularly strict approach to householder development.
Just Planning receives a large number of enquiries from householders and developers in the Harrow area. Of the appeals we take on, the majority are successful. At the time of writing, we have won 8 of the last 10 planning appeals undertaken in Harrow, with a further 5 decisions pending.
Nationwide, around 90 per cent of planning applications are granted each year. In the past 12 months, Harrow council granted permission for only 72 per cent of householder applications, according to government statistics.
Harrow’s approach to householder planning applications
Some of the decisions Harrow makes on householder applications are particularly harsh. The council tends to refuse applications for single-storey rear extensions of more than three metres in depth, despite the fact that national permitted development rights allow significantly deeper extensions in certain circumstances. It also disproportionately refuses applications for two-storey side extensions and for larger outbuildings.
This strict approach results in many refusals being issued on the basis of scale and impact, even where similar development exists nearby or where the harm alleged is limited.
Reliance on the Residential Design Guide
Harrow continues to rely heavily on its Residential Design Guide, which dates from 2010. This guidance pre-dates the introduction of the National Planning Policy Framework and subsequent changes to permitted development rights, including the introduction of the ‘larger home extension’ regime.
The guidance remains a material consideration and is routinely cited in officer reports. However, its age and prescriptive nature can lead to rigid decision-making, particularly where it is applied without sufficient regard to site-specific circumstances or the wider national policy context.
How Harrow decisions are assessed at appeal
Planning appeals are decided independently by inspectors appointed by the government through the Planning Inspectorate.
At appeal, inspectors will take Harrow’s local guidance into account, but they will also consider whether it has been applied proportionately and whether the council has clearly demonstrated planning harm. A development that may be unacceptable in one location may be perfectly acceptable in another, depending on the surrounding context and existing pattern of development.
In many of the appeals we win, the council has not looked closely enough at the site itself or at comparable development nearby. Inspectors regularly place weight on site-specific circumstances and the presence of similar extensions on the same street or in the immediate area.
Recent appeal examples from Harrow
In August, we won an appeal on Temple Mead Close in Stanmore. The inspector agreed that the proposed double-storey extension would not be visible from the street and would not appear materially different from similar extensions on neighbouring properties. While such an extension might not have been acceptable elsewhere in the borough, the inspector accepted that it was appropriate on this particular site.
At a property in Queens Avenue, the council refused permission for a side extension on the basis that it would reduce light levels reaching a neighbouring front door. This was an unusual position to take, as a front entrance door is not generally regarded as a sensitive source of daylight or sunlight. The council also disregarded the fact that the affected neighbour supported the proposal. The inspector allowed the appeal, and the extension is now under construction.
At number 30 Woodlands in North Harrow, our client proposed a modest single-storey rear extension to replace an existing structure. The proposal was only half a metre deeper than the existing extension. Despite this, the council raised concerns about neighbour impact. The neighbouring property had itself been granted permission for a five-metre-deep rear extension, which it was about to begin building. The inspector noted the prevalence of similar extensions along the terrace and concluded that no unacceptable harm would arise.
Considering an appeal in Harrow
These cases represent only a sample of our recent appeal work in Harrow. We currently have several further householder appeals pending in the borough and expect a number of additional decisions shortly.
If your planning application has been refused in Harrow, it is always worth considering whether an appeal would provide a fairer and more balanced assessment of your proposal. You may find it helpful to read more about planning appeals in Harrow and how we assist homeowners and developers through the appeal process.
If you would like a free initial assessment, you are welcome to send us a copy of your decision notice or provide the site address and planning reference number.
