®Planning appeal decision
Flats 1-6, 10 Heather Road, LONDON, NW2 7ND
Without planning permission, the material change of use of the premises to flats ("the unauthorised change of use") AND Without planning permission, the erection of an extension to the rear of the premises (‘the unauthorised development’)
- Authority
- London Borough of Brent
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Change of use
- Inspector
- Steen A
Main issues, as the Inspector framed them
- Whether the matters described in the notice have occurred (ground (b))
- Whether those matters, as alleged, constitute a breach of planning control (ground (c))
What decided it
The allegation that the premises were in use as flats was found factually incorrect, and amending the notice to reflect the actual HMO use and extension would cause injustice to the parties, so the notice was quashed.
Judgments cited: Birmingham Corporation v Habib Ullah [1964] 1 Q.B. 178; Richmond LBC v Secretary of State for Environment, Transport and the Regions and Richmond-upon-Thames Churches Housing Trust [2001] JPL 84; Lipson v Secretary of State for the Environment (SSE) [1977] JPL 33; Murfitt v SSE [1980] JPL 598; Somak Travel v SSE [1987] JPL 630
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.