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Dismissed22 April 20223280741

776 North Circular Road, Neasden, London, NW2 7TD

Planning appeal 3280741 at 776 North Circular Road, Neasden, London, NW2 7TD (London Borough of Brent) was dismissed on 22 April 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse a certificate of lawful use or development was well-founded.

Change of use to a small HMO (Use Class C4)

Authority
London Borough of Brent
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
NW2 7TD

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse a certificate of lawful use or development was well-founded

What decided it

The appellant failed to demonstrate on the balance of probabilities that the building had reverted to use as a C3 dwellinghouse by the date of the LDC application, and had not fully complied with the enforcement notice requirements, therefore the property did not benefit from permitted development rights under Class L of the GPDO.

What the Inspector cited

Judgments
Gabbitas v SSE and Newham LBC [1985] JPL 630; Brent London Borough Council V SSHCLG [2020] EWHC 3620 (Admin); Mansi v Elstree RDC [1964] 16 P&CR 153; Duguid v SSETR & W Lindsay DC [2001] 82 P&CR; R v E Sussex CC ex parte Reprotech (Pebsham) Ltd [2002] UKHL 8; RSBS Developments Ltd v SSHCLG & Brent LBC [2020] EWHC 3077 (Admin); Impey v SSE & Lake District SPB [1981] JPL 363; [1984] P&CR 157; Rambridge v SSE & East Hertfordshire DC (QBD 22.11.96 CO-593-96)

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.

See how each was applied

The decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2022

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.