12 - 14 Regina Road, LONDON, W13 9EF

Without planning permission: the material change of use of the premises to a mixed use as an HMO and self-contained flats

Authority: London Borough of Ealing
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Boffin D

Main issues, as the Inspector framed them

Whether the breach of planning control as alleged in the notice (a material change of use to a mixed use as an HMO and self-contained flats) has occurred as a matter of fact and degree

What decided it

The Inspector's finding, based on detailed site visit observations, that all rooms in the property were used in a materially similar way reliant on shared communal facilities, so the property functioned as a single HMO rather than the alleged mixed use of HMO and self-contained flats.

Judgments cited: Gravesham BC v SSE & O'Brien [1983] JPL 306; Brent LBC v SSHCLG & Chaim Reiner [2020] EWHC 3620 (Admin); Welwyn Hatfield Borough Council v SSLUHC & Anor [2022] EWHC 3175 (Admin)

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
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