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Planning appeal decision

Notice upheld12 August 20223288217

37 Uxendon Crescent, Wembley, HA9 9TW

Planning appeal 3288217 at 37 Uxendon Crescent, Wembley, HA9 9TW (London Borough of Brent) was dismissed on 12 August 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the material change of use to two flats occurred more than 4 years before the enforcement notice was issued and was therefore immune from enforcement action under section 171B(2) of the Town and Country Planning Act 1990.

Material change of use of a single dwellinghouse to two self-contained residential flats

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Whalley J
Postcode
HA9 9TW

Main issues, as the Inspector framed them

  • Whether the material change of use to two flats occurred more than 4 years before the enforcement notice was issued and was therefore immune from enforcement action under section 171B(2) of the Town and Country Planning Act 1990

What decided it

The appellant failed to provide sufficient, adequate and credible evidence to demonstrate on the balance of probability that the property had been continuously occupied as two separate self-contained flats for the required 4-year immunity period.

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.

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