®Planning appeal decision
Flats 1-6, 45A Prout Grove, London, NW10 1PU
Without planning permission, the material change of use of the premises to a House in Multiple Occupation (HMO) and flats("the unauthorised change of use)
- Authority
- London Borough of Brent
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Satheesan R
Main issues, as the Inspector framed them
- This ground [b], and effectively Appeal B as well, turns on the question of whether any of the units of accommodation were being used as flat(s)
- The main issue on appeal B is whether the Council's refusal to issue a certificate is well founded. In this case, the main issue is 'Whether the appellant has proven on the balance of probability that the use of the property changed to 6 self-contained flats (Use Class C3) on or before 4 August 2015 (that being 4 years prior to the date of the LDC application) and that the use then continued without significant interruption for 4 years after the date of the change'
What decided it
The Inspector's factual finding, based on site observations, photographic evidence and witness testimony, that all six rooms lacked the facilities required for day-to-day private domestic existence and relied on a communal kitchen, meaning the premises functioned solely as an HMO rather than a mixed HMO/flats use.
Judgments cited: Westminster CC v SoSCLG [2015] EWCA Civ 482; Islington Borough Council v Secretary of State for Communities and Local Government [2019] EWHC 2691 (Admin); R (on the application of Welwyn Hatfield Council) v Secretary of State for Communities and Local Government [2009] EWHC 966 (Admin); Swale Borough Council v First Secretary of State [2005] EWCA Civ 1568; Uratemp Holdings Ltd v Collins [2001] UKHL 43; Brent LBC v Secretary of State and Reiner [2020] EWHC 3620 (Admin); Gravesham BC v Secretary of State for Environment (1984) 47 P & CR 142; Hammersmith LBC v SoSE [1975] 30 P&CR 19
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.