®Planning appeal decision
22b Mora Road, LONDON, NW2 6TG
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
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.
Judgments cited: 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
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.