Flats 1-4, 236 North Circular Road, Stonebridge, London, NW10 0JU

Planning appeal 3250437 at Flats 1-4, 236 North Circular Road, Stonebridge, London, NW10 0JU (London Borough of Brent) was decided (quashed on legal grounds) on 26 November 2021 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: NW10 0JU

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.

What the Inspector cited

Judgments: Gravesham BC v SSE & O'Brien [1983]; Brent LBC v Secretary of State and 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.

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The decision letter

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The authority’s record since 2016 · every decision in 2021

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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.