®Planning appeal decision
Studio Flats 1-5, 81 Mandela Close, LONDON, NW10 8BQ
Without planning permission, (1) The material change of use of the premises to mixed use as a House in Multiple Occupation (HMO) and flats; and (2) the erection of a single storey extension to the rear of the premises
- Authority
- London Borough of Brent
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Harbottle M
Main issues, as the Inspector framed them
- Whether the alleged mixed use comprising an HMO and flats had been instituted as a matter of fact
- Whether the extension was permitted development under Class A of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015
- Whether enforcement action could be taken in respect of the extension after the 4-year limitation period
What decided it
The appellant demonstrated on the balance of probability that the building was used as an HMO throughout the relevant period, not as a mixed use of HMO and flats, and the extension was substantially completed more than 4 years before the enforcement notice was issued, making it immune from enforcement action.
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.