®Planning appeal decision
45a Prout Grove, LONDON, NW10 1PU
Without planning permission, the material change of use of the premises to a House in Multiple Occupation (HMO) and flats("the unauthorised change of use)
- Authority
- London Borough of Brent
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Satheesan R
Main issues, as the Inspector framed them
- The main issue on appeal B is whether the Council's refusal to issue a certificate is well founded
- Whether the appellant has proven on the balance of probability that the use of the property changed to 6 self-contained flats (Use Class C3) on or before 4 August 2015 (that being 4 years prior to the date of the LDC application) and that the use then continued without significant interruption for 4 years after the date of the change
What decided it
The finding of fact, based on site visit observations, photographic evidence and oral testimony, that all occupants relied on the shared communal kitchen for cooking, meaning the premises constituted a single HMO rather than the mixed HMO/flats use alleged.
Judgments cited: Westminster CC v SoSCLG [2015] EWCA Civ 482; Islington Borough Council v Secretary of State for Communities and Local Government [2019] EWHC 2691 (Admin); R (on the application of Welwyn Hatfield Council) v Secretary of State for Communities and Local Government [2009] EWHC 966 (Admin); Swale Borough Council v First Secretary of State [2005] EWCA Civ 1568; Uratemp Holdings Ltd v Collins [2001] UKHL 43; Brent LBC v Secretary of State and Reiner [2020] EWHC 3620 (Admin); Gravesham BC v Secretary of State for Environment (1984) 47 P & CR 142; Hammersmith LBC v SoSE [1975] 30 P&CR 19
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.