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Planning appeal decision

Notice varied and upheld29 June 20223282327

54 Nettleden Avenue, Wembley, HA9 6DR

Planning appeal 3282327 at 54 Nettleden Avenue, Wembley, HA9 6DR (London Borough of Brent) was allowed in part (a split decision) on 29 June 2022 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice exceed what is necessary to achieve its purpose (ground f).

Without planning permission, the material change of use of the premises to a House in Multiple Occupation (Sui Generis HMO)("the unauthorised change of use")

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Griffin E
Postcode
HA9 6DR

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice exceed what is necessary to achieve its purpose (ground f)
  • Whether the time for compliance with the notice is too short (ground g)

What decided it

The appellants' current use is an unauthorised Sui Generis HMO rather than a Class C3 dwelling, so permitted development rights to convert to Class 4 do not apply, and the enforcement notice requirements are necessary to remedy the breach.

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
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  2. Planning permission granted25 September 20263377160
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  3. Notice upheld24 September 20263365164
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  4. Split Decision17 September 20263357462
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  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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