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Planning appeal decision

Quashed On Legal Grounds16 June 20233259772

65A-D Townsend Lane, London, NW9 8BP

Planning appeal 3259772 at 65A-D Townsend Lane, London, NW9 8BP (London Borough of Brent) was decided (quashed on legal grounds) on 16 June 2023 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice correctly describes the alleged breach of planning control, specifically whether the storage use is ancillary to residential use or constitutes a material change of use, and whether the land comprises a single planning unit or separate planning units.

Erection of metal shipping containers and outbuilding, and material change of use of rear garden to storage of building material and building equipment

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Whitfield J
Postcode
NW9 8BP

Main issues, as the Inspector framed them

  • Whether the enforcement notice correctly describes the alleged breach of planning control, specifically whether the storage use is ancillary to residential use or constitutes a material change of use, and whether the land comprises a single planning unit or separate planning units

What decided it

The enforcement notice did not specify with sufficient clarity the alleged breach of planning control and could not be corrected without causing injustice to either party, rendering it invalid under section 173(2) of the Town and Country Planning Act 1990.

The decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2023

  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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