Flats 1-6, 10 Heather Road, London, NW2 7ND

Planning appeal 3245458 at Flats 1-6, 10 Heather Road, London, NW2 7ND (London Borough of Brent) was allowed on 3 November 2021 by Inspector Steen A, following a hearing. The main issue, as the Inspector framed it: Whether the matters described in the notice have occurred (ground (b)).

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
Postcode: NW2 7ND

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.

What the Inspector cited

Judgments: 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

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.

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The decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2021

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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.