25 Ecclestone Place, WEMBLEY, HA9 8AB

Without planning permission, the erection of a part two storey side, part two storey rear and single storey rear extensions

Authority: London Borough of Brent
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Renaudon L

Main issues, as the Inspector framed them

Whether the development alleged in each notice constitutes a breach of planning control

What decided it

In Appeal A, the commencement of the permitted development within the time limit meant subsequent deviations constituted breaches of conditions rather than unauthorised development, allowing variation of the notice to require compliance rather than demolition. In Appeal B, the material change of use to three dwellings was established as a breach, but the notice was varied to prevent over-enforcement by allowing return to the previously lawful two-flat configuration.

Judgments cited: Hussain v Secretary of State for Communities and Local Government [2017] EWHC 687 (Admin)

Read the decision letter on the Inspectorate’s site

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