Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Planning permission granted25 August 20213245160

Flats 1-6, 51 Nutfield Road, London, NW2 7EA

Planning appeal 3245160 at Flats 1-6, 51 Nutfield Road, London, NW2 7EA (London Borough of Brent) was allowed on 25 August 2021 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the notice (material change of use to an HMO and flats) has occurred.

Material change of use to a House in Multiple Occupation (HMO) and flats, and erection of a single storey rear extension

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Freer P
Postcode
NW2 7EA

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the notice (material change of use to an HMO and flats) has occurred
  • Whether the erection of the single storey rear extension constitutes a breach of planning control

What decided it

The property was an HMO within Use Class C4 rather than a mixed use of HMO and flats, and the rear extension was permitted development, so the enforcement notice was quashed.

What the Inspector cited

Judgments
Brent LBC v Secretary of State and Reiner [2020] EWHC 3620 (Admin); Gravesham BC v SSE & O'Brien [1983] JPL 306

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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

628 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.