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Quashed On Legal Grounds1 December 20223249031

642 North Circular Road, Cricklewood, London, NW2 7QJ

Planning appeal 3249031 at 642 North Circular Road, Cricklewood, London, NW2 7QJ (London Borough of Brent) was decided (quashed on legal grounds) on 1 December 2022 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice complies with section 173(1)(a) of the Town and Country Planning Act 1990 by stating with reasonable certainty what breach of planning control is alleged.

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

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Whitfield J
Postcode
NW2 7QJ

Main issues, as the Inspector framed them

  • Whether the enforcement notice complies with section 173(1)(a) of the Town and Country Planning Act 1990 by stating with reasonable certainty what breach of planning control is alleged
  • Whether the alleged material change of use to a mixed use of HMO and flats has occurred

What decided it

The rooms were not capable of providing the facilities required for day-to-day private domestic existence because they lacked conventional cooking facilities and had insufficient space to accommodate them, relying instead on a shared communal kitchen, and therefore did not constitute self-contained flats as alleged in the enforcement notice.

The decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2022

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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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