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Planning appeal decision

Notice varied and upheld20 November 20233288345

3 Flamstead Avenue, London, HA9 6DL

Planning appeal 3288345 at 3 Flamstead Avenue, London, HA9 6DL (London Borough of Brent) was allowed in part (a split decision) on 20 November 2023 by Inspector King T, following an inquiry. The main issue, as the Inspector framed it: whether the development involved provides for a satisfactory standard of residential accommodation for the property's occupiers.

Appeal A: material change of use to a sui generis House in Multiple Occupation; Appeal B: material change of use of the premises to a flat and a House in Multiple Occupation (HMO)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
King T
Postcode
HA9 6DL

Main issues, as the Inspector framed them

  • whether the development involved provides for a satisfactory standard of residential accommodation for the property's occupiers
  • the effect of the use on the character and appearance of the surrounding area and the property itself
  • the effect on the borough's housing stock of family-sized dwellings

What decided it

The finding that the property had undergone an unauthorised material change of use to a HMO since 2020, causing harm to the standard of residential accommodation and to family-sized housing stock that outweighed the absence of character and appearance harm.

the harm to the standard of accommodation and the loss of family-sized housing stock significantly outweighed the absence of harm to character and appearance, leading to dismissal of Appeal A

What the Inspector cited

Development plan policies
Policy BH7Policy BH10Policy BT2Policy T6Policy T6.1Policy H9
National Planning Policy Framework
Paragraph 130
Judgments
Gravesham BC v SSE & O'Brien [1982]

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 2023

  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
    Land and Garage, Rear of 21 Ivy Road and Adjacent to 31 Cedar Road, London, NW2 6SN
  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.

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.