®Planning appeal decision
Flats 1-4, 236 North Circular Road, Stonebridge, LONDON, NW10 0JU
Without planning permission, the material change of use of the 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
- Merrett R
Main issues, as the Inspector framed them
- Whether the matter alleged in the enforcement notice has occurred as a matter of fact, specifically whether the property is in use as an HMO with four rooms or as an HMO and flats
What decided it
The physical constraints of the individual rooms, particularly their limited size, meant they could not meet the Gravesham test of affording facilities for day-to-day private domestic existence, and the shared kitchen provided suitable shared cooking facilities for all residents, establishing the use as an HMO rather than a mixed use of flats and HMO.
Judgments cited: Gravesham BC v SSE & O'Brien [1983]; Brent LBC v Secretary of State and Reiner [2020] EWHC 3620 (Admin)
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.