The owner erected the single storey building at her bungalow at Whitchurch Lane, Edgware. She claimed that it was “substantially complete” four years before an enforcement notice was served on her by the London Borough of Harrow in July 2008 for its removal. Had that been the case, under the Town and Country Planning Act 1990, she would have been allowed to keep the development. Instead she will now have to call in the wreckers – or the local council will knock down the extension for her – after Mr Justice Silber threw out her appeal against an earlier adverse ruling by a planning inspector.
The owner also faces a large legal costs bill. The court heard that a planning inspector said the extension ‘appears visually intrusive and overbearing and harms the character and appearance of the existing dwelling and surrounding area’.
During the appeal, the London Borough of Harrow relied on aerial photographs to show that the extension was not “substantially complete” before July 2004, including pictures showing work being carried out in early 2006.
Lawyers for the owner argued that the planning inspector had failed to give sufficient reasons for the decision, and had failed to take into account potentially crucial evidence. However Mr Justice Silber dismissed those grounds.
