®Planning appeal decision
91 Barry Road, London, NW10 8DE
Planning appeal 3240093 at 91 Barry Road, London, NW10 8DE (London Borough of Brent) was decided (quashed on legal grounds) on 17 November 2021 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Appeal A ground (b): whether the material change of use of the premises to flats has occurred as a matter of fact, or whether the premises are in use as an HMO.
Proposed change of use of No 91 to a four room HMO for 4 persons together with the retention of a rear extension, and the provision of a communal kitchen and communal lounge area; and the erection of a rear extension at No 93 together with associated internal reconfiguration
- Authority
- London Borough of Brent
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Merrett R
- Postcode
- NW10 8DE
Main issues, as the Inspector framed them
- Appeal A ground (b): whether the material change of use of the premises to flats has occurred as a matter of fact, or whether the premises are in use as an HMO
- Appeal B: the effect of the rear extension to No 91 on the living conditions of the occupiers of No 93 with particular regard to light and outlook
- Appeal B: the effect of the rear extension to No 91 on the character and appearance of the host dwelling and the wider street scene
- Appeal B: whether the development would result in the permanent loss of a family sized dwelling at No 91
What decided it
Appeal A: the Inspector's site visit observations that the tenant rooms lacked cooking facilities and were unsuitable for self-contained use, combined with the presence of a shared kitchen available to all occupants, established the premises as an HMO rather than flats. Appeal B: the Council's prior approval of a 4-person HMO at No 91 carried considerable weight and the modest scale of the extensions caused no material harm to living conditions, character or the potential for future family housing.
What the Inspector cited
- Development plan policies
- Policy DMP 1 of the Brent Development Management Policies Document 2016Policy DMP 19 of the Brent Development Management Policies Document 2016Policy CP 21 of the Brent Core Strategy 2010Policy DMP 17 of the Brent Development Management Policies Document 2016
- Judgments
- Gravesham BC v SSE & O'Brien [1983]; Brent LBC v Secretary of State and Reiner [2020] EWHC 3620 (Admin)
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.