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Planning appeal decision

Notice upheld12 August 20213224326

Flats 1-5, 125 High Road, London, NW10 2SL

Planning appeal 3224326 at Flats 1-5, 125 High Road, London, NW10 2SL (London Borough of Brent) was dismissed on 12 August 2021 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether at the date the enforcement notice was issued, no enforcement action could be taken in relation to the alleged change of use (ground d).

Without planning permission, the material change of use of the premises to five flats

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Merrett R
Postcode
NW10 2SL

Main issues, as the Inspector framed them

  • Whether at the date the enforcement notice was issued, no enforcement action could be taken in relation to the alleged change of use (ground d)
  • Whether the steps required to comply with the notice exceed what is necessary to remedy the breach of planning control (ground f)
  • Whether the time given to comply with the requirements is too short (ground g)

What decided it

The appellant failed to provide persuasive evidence that the use as flats commenced before the immunity date of 28 January 2015, as the Council's documentary evidence including site visit records, planning drawings, aerial photography and Valuation Office records contradicted the appellant's claim.

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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