Case 3362743

Land to the rear of 7 - 9 Village Way East Rayners Lane,, Harrow, HA2 7LX

London Borough of Harrow — appeal dismissed

Outcome
Dismissed
Decision date
26 August 2025
Authority
London Borough of Harrow
Inspector
Unwin N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Sharmielan
LPA reference
PL/2328/24
ONS LPA code
E09000015
Jurisdiction
Transferred
Link status
Not Linked
Start date
17 April 2025

Summary AI

The appeal for a two-storey building, comprising offices and a self-contained flat, was dismissed due to concerns over living conditions, noise, and security. The proposal conflicted with policies requiring new development to achieve safe and secure environments.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Land to the rear of 7 - 9 Village Way East Rayners Lane,, Harrow, HA2 7LX — London Borough of Harrow — Appeal Decision Site visit made on 8 July 2025 by N Unwin BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 26 August 2025 Appeal Ref: APP/M5450/W/25/3362743 7A Village Way East, Rayners Lane, Harrow HA2 7LX • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr M Sharmielan against the decision of the Council of the London Borough of Harrow. • The application Ref is PL/2328/24. • The development proposed is described as the: Demolition and development to provide two-storey building, comprising offices to ground floor (Use Class E), and self-contained 1 bedroom flat to first floor, bin and cycle stores. Decision 1. The appeal is dismissed. Main Issue 2. Whether the proposed development would provide acceptable living conditions for future occupants, with regard to outlook, noise, and security. Reasons 3. The appeal site forms a single-storey rectangular building currently utilised as storage/warehouse. The site is located to the rear of the buildings adjoining Rayners Lane and Village Way East.

Page 1 · Chunk 1 Appeal Decision

Land to the rear of 7 - 9 Village Way East Rayners Lane,, Harrow, HA2 7LX — London Borough of Harrow — Appeal Decision This back land area primarily comprises parking, refuse bins, outbuildings, and external plant equipment mostly associated with businesses adjoining the highway. Manoeuvring vehicles and plant equipment result in a modest level of background noise within the area. 4. The first-floor of the proposal would comprise a one bedroom dwelling. There would be windows to the bedroom and living area, with a balcony adjoining the living room. The windows to these habitable rooms and the balcony would be adjacent to the parking and refuse bin area, close to the surrounding external plant equipment and therefore subject to the modest levels of background noise. As such, this would not provide acceptable living conditions for future occupiers of the proposed dwelling. Whilst sound insulation and triple glazing could mitigate some of this external noise, this would do little to mitigate external noise when opened. Further, this would not mitigate the noise levels when using the balcony which forms the only useable external living space. 5. The backland location offers little natural surveillance from the properties adjoining the highway and, based on my site visit observations, the low level of footfall.

Page 1 · Chunk 2 Appeal Decision

Land to the rear of 7 - 9 Village Way East Rayners Lane,, Harrow, HA2 7LX — London Borough of Harrow — Appeal Decision The minimal external lighting within the area exacerbates this issue during non-daylight hours. Further, the evidence indicates that the area is a well-known crime and an https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Land to the rear of 7 - 9 Village Way East Rayners Lane,, Harrow, HA2 7LX — London Borough of Harrow — Appeal Decision The minimal external lighting within the area exacerbates this issue during non-daylight hours. Further, the evidence indicates that the area is a well-known crime and an https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Land to the rear of 7 - 9 Village Way East Rayners Lane,, Harrow, HA2 7LX — London Borough of Harrow — Appeal Decision Appeal Decision APP/M5450/W/25/3362743 anti-social behaviour hot spot and that the unsecured refuse bins create a climbing aid to access the proposed balcony. Whilst the use of CCTV and security lighting could reduce the risk of crime, this would not affect the low footfall and lack of natural surveillance of the appeal site, resulting in unacceptable harm to the safety of future occupiers. 6. The windows to the proposed bedroom and living areas would look out over the adjoining parking area and surrounding buildings beyond. Given their first-floor location being elevated above the parking area and the low level of the closest surrounding buildings to the proposed windows, the views would be relatively open providing an acceptable level of outlook for future occupiers. 7. Nevertheless, for the above reasons the proposed development would not provide acceptable living conditions for future occupants, with regard to noise and security. As such the proposal would conflict with the relevant provisions of Policies D3, D11, D13, and D14 of The London Plan - The Spatial Strategy for Greater London (2021) and Policies DM1 and DM2 of the Harrow Development Management Policies (2013).

Page 2 · Chunk 5 Appeal Decision

Land to the rear of 7 - 9 Village Way East Rayners Lane,, Harrow, HA2 7LX — London Borough of Harrow — Appeal Decision When read together these policies require new development to achieve safe and secure environments, and mitigate and minimise the existing and potential adverse impacts of noise. Other Matters 8. The appellant suggests that the proposal would replace the existing warehouse in addition to being constructed of high-quality materials and finishes. They go on to say that the proposed dwelling would be let to Harrow Council residents, however no mechanism has been presented to secure this and so this consideration makes no difference to my overall conclusion. The proposal would be lower than the surrounding larger blocks of flats and there are other structures and back land development within the vicinity. Nevertheless, this does not justify the above identified harm to the living conditions of future occupiers. 9. The appellant maintains that the existing warehouse is defunct and has not been functioning as a viable business, however I have been provided with little evidence to substantiate this. 10. I note the appellant raises concerns regarding communication from the Council. Nonetheless, this is a procedural matter and not something I can take into consideration as part of this appeal. 11.

Page 2 · Chunk 6 Appeal Decision

Land to the rear of 7 - 9 Village Way East Rayners Lane,, Harrow, HA2 7LX — London Borough of Harrow — Appeal Decision Whilst there maybe other backland development within the area, this does not justify the above identified harm to the living conditions of future occupiers. Conclusion 12. For the reasons given above the appeal should be dismissed.

Page 2 · Chunk 7 N Unwin

Land to the rear of 7 - 9 Village Way East Rayners Lane,, Harrow, HA2 7LX — London Borough of Harrow — N Unwin INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶4

The proposed dwelling would be subject to background noise from parking and refuse bin areas, and the lack of natural surveillance would exacerbate security concerns.

Living conditions
Against appellant
¶5

The proposal would not mitigate the noise levels when using the balcony, and the area is a known crime and anti-social behaviour hot spot.

Living conditions
Neutral
¶6

The views from the proposed bedroom and living areas would be relatively open, providing an acceptable level of outlook for future occupants.

Living conditions
Against appellant
¶7

The proposed development would not provide acceptable living conditions for future occupants, with regard to noise and security.

Policies relied on

Reference Weight
Policies D3, D11, D13, and D14 of The London Plan - The Spatial Strategy for Greater London (2021) and Policies DM1 and
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 26 August 2025 under the Open Government Licence.