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Planning permission granted12 July 20233245605

Studio Flats 1-5, 81 Mandela Close, London, NW10 8BQ

Planning appeal 3245605 at Studio Flats 1-5, 81 Mandela Close, London, NW10 8BQ (London Borough of Brent) was allowed on 12 July 2023 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the alleged mixed use comprising an HMO and flats had been instituted as a matter of fact.

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
Postcode
NW10 8BQ

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.

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2023

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  2. Planning permission granted25 September 20263377160
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  3. Notice upheld24 September 20263365164
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  5. Notice varied and upheld16 September 20263365031
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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.

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