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Planning appeal decision

Notice upheld27 August 20213232533

22b Mora Road, London, NW2 6TG

Planning appeal 3232533 at 22b Mora Road, London, NW2 6TG (London Borough of Brent) was dismissed on 27 August 2021 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged constitute a breach of planning control (ground b).

Without planning permission, the change of use of the upper floors of the main building at the premises from a single self-contained flat to four self-contained flats

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Merrett R
Postcode
NW2 6TG

Main issues, as the Inspector framed them

  • Whether the matters alleged constitute a breach of planning control (ground b)
  • Whether at the date the notice was issued, no enforcement action could be taken (ground d)
  • Whether the steps required by the notice are excessive (ground f)

What decided it

The appellant failed to demonstrate on the balance of probability that the unauthorised use commenced before the four-year immunity period and continued uninterrupted, and the enforcement notice requirements were proportionate and necessary.

What the Inspector cited

Judgments
Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Somak Travel Ltd v SSE & LB Brent 1987 JPL 630; Kestrel Hydro v SSCLG & Spelthorne Borough Council [2016] EWCA Civ 784

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in London Borough of Brent

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

  1. Notice upheld30 September 20263359486
    30 Randall Avenue, London, NW2 7RN
  2. Planning permission granted25 September 20263377160
    26 Sidmouth Road, London, NW2 5HJ
  3. Notice upheld24 September 20263365164
    Land and Garage, Rear of 21 Ivy Road and Adjacent to 31 Cedar Road, London, NW2 6SN
  4. Split Decision17 September 20263357462
    61 Alder Grove, London, NW2 7DE
  5. Notice varied and upheld16 September 20263365031
    73A and the Rear Part of 73 Willesden Lane, Kilburn, London, NW6 7RR

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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