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Planning appeal decision

Notice varied and upheld16 November 20213245603

Flats 1-5, 39 Copper Mead Close, London, NW2 6NP

Planning appeal 3245603 at Flats 1-5, 39 Copper Mead Close, London, NW2 6NP (London Borough of Brent) was allowed in part (a split decision) on 16 November 2021 by Inspector Brown S, by written representations. The main issue, as the Inspector framed it: The effect of the development on living conditions for occupants of the appeal property in terms of provision of floorspace and of access to outdoor amenity space.

the material change of use of the premises to a House in Multiple Occupation (HMO) and flats

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Brown S
Postcode
NW2 6NP

Main issues, as the Inspector framed them

  • The effect of the development on living conditions for occupants of the appeal property in terms of provision of floorspace and of access to outdoor amenity space
  • The effect of the development on residential amenity for occupants of nearby property in terms of refuse and general external storage provision for the appeal premises, and in terms of noise and general disturbance
  • The effect of the rear extension on the character and appearance of the appeal property and the surrounding area in terms of its size, design and materials

What decided it

The Inspector extended the compliance period from 6 to 9 months to allow reasonable time for tenant eviction and potential resubmission of a planning application, recognising that court-ordered eviction could take at least 8 months.

The development's significant harms to living conditions of occupants, residential amenity of neighbours, and character and appearance were not outweighed by any identified benefits, resulting in dismissal of the deemed planning application; however, a modest extension of the compliance period was granted to allow procedural fairness.

What the Inspector cited

Development plan policies
London Plan Policy 3.5DMP Policy DMP 1DMP Policy DMP 18DMP Policy DMP 19

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

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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.