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Planning appeal decision

Notice upheld20 April 20223273293

13 Elmstead Avenue, Wembley, HA9 8NS

Planning appeal 3273293 at 13 Elmstead Avenue, Wembley, HA9 8NS (London Borough of Brent) was dismissed on 20 April 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control (material change of use from single dwellinghouse to two self-contained residential units) has occurred as a matter of fact.

without planning permission, the material change of use of the premises from a single dwellinghouse to two self- contained residential units

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
HA9 8NS

Main issues, as the Inspector framed them

  • Whether the breach of planning control (material change of use from single dwellinghouse to two self-contained residential units) has occurred as a matter of fact
  • Whether the material change of use constitutes development requiring planning permission
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach

What decided it

The garage contained all facilities for independent living and was used as a self-contained residential unit, constituting a material change of use requiring planning permission under section 55(3)(a) 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 2022

  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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