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Planning appeal decision

Notice varied and upheld16 December 20223284001

711 A-E & 713 D-G North Circular Road, Neasden, London, NW2 7AX

Planning appeal 3284001 at 711 A-E & 713 D-G North Circular Road, Neasden, London, NW2 7AX (London Borough of Brent) was allowed in part (a split decision) on 16 December 2022 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the conversion to 9 flats took place 4 or more years before the issue of the enforcement notice and the use as separate flats has been continuous for the same period.

without planning permission, the material change of use of the premises to nine flats

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hand S
Postcode
NW2 7AX

Main issues, as the Inspector framed them

  • Whether the conversion to 9 flats took place 4 or more years before the issue of the enforcement notice and the use as separate flats has been continuous for the same period
  • Whether any of the flats are lawful by virtue of the passage of time
  • Whether the enforcement notice should be varied to reflect any lawful residential use on the upper floors of the buildings

What decided it

The evidence did not establish that all nine flats had been continuously occupied as separate dwellings for four years prior to the enforcement notice, but the established lawful residential use on the upper floors of each building justified variation of the notice to permit one kitchen and bathroom in each building.

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
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  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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