Flats 1-6, 16 Clifford Way, LONDON, NW10 1AN

Without planning permission, the material change of use of the premises to a House in Multiple Occupation (HMO) and 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 matter alleged in the enforcement notice has occurred as a matter of fact, specifically whether the property is in use as an HMO with six rooms or as an HMO and flats

What decided it

The six tenant rooms were too cramped to afford the facilities for day-to-day private domestic existence required by the Gravesham test, and the shared kitchen was available for communal use, establishing the premises as an HMO rather than a mixed use of flats and HMO.

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

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