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Planning appeal decision

Planning permission granted13 December 20213250293

Flats 1-6, 99 Yeats Close, London, NW10 0BW

Planning appeal 3250293 at Flats 1-6, 99 Yeats Close, London, NW10 0BW (London Borough of Brent) was allowed on 13 December 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice (material change of use to HMO and flats) have occurred.

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
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
NW10 0BW

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice (material change of use to HMO and flats) have occurred

What decided it

The Inspector's finding on the balance of probabilities that the premises comprised an HMO and not an 'HMO and flats', based on the modest size of rooms, availability of communal kitchens, and evidence of actual use patterns showing occupants cooked in communal facilities rather than individual rooms.

What the Inspector cited

Judgments
Richmond upon Thames LBC v SSETR & Richmond upon Thames Churches Housing Trust [2001] JPL 84; Lipson v SoSE (1977) 33 P&CR 95; Westminster CC v SSCLG [2015] EWCA Civ 482; Gravesham BC v SoSE and Another QBD 8 November 1982 (1984) 47 P. & C.R. 142; Scurlock v SSE [1977] 33 P&CR 102; Impey v SSE & Lake District SPB [1981] JPL 363; [1984] P&CR 157; Rogers v LB Islington CA 1999 WL 478098; Birmingham Corporation v. Habib Ullah [1964] 1 Q.B. 178; R (oao Gore) v SSCLG & Dartmoor NPA [2008] EWHC 3278 (Admin); [2009] JPL 931; Miller Mead v MHLG [1963] 2 WLR 225; Hammersmith and Fulham LBC v SSE & Sandral [1975] 30 P&CR 19; Brent London Borough Council and Secretary of State for Housing, Communities & Local Government (2) Chaim Reiner [2020] EWHC 3620 (Admin)

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.

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