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Planning appeal decision

Notice upheld7 June 20233295449

15A Wyborne Way, London, NW10 0TE

Planning appeal 3295449 at 15A Wyborne Way, London, NW10 0TE (London Borough of Brent) was dismissed on 7 June 2023 by Inspector Harbottle M, following an inquiry. The main issue, as the Inspector framed it: The effects of the rear extension on the character and appearance of the premises and the area.

Enforcement notices alleging unauthorised change of use of land to separate residential use and erection of a rear extension and shed structure, together with an appeal against refusal of a certificate of lawful use for a self-contained dwelling, rear extension and hardstanding at 15 & 15A Wyborne Way

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Harbottle M
Postcode
NW10 0TE

Main issues, as the Inspector framed them

  • The effects of the rear extension on the character and appearance of the premises and the area
  • The effects of the rear extension on the living conditions of the occupiers of the premises and nearby dwellings

What decided it

The appellant's evidence of continuous 10-year separate residential occupation was found imprecise and contradicted by evidence from earlier appeals concerning a different building, so immunity was not established.

What the Inspector cited

Development plan policies
Policy DM1
Judgments
Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598

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.