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Planning appeal decision

Quashed On Legal Grounds22 December 20223296400

38A and B District Road, Wembley, HA0 2LG

Planning appeal 3296400 at 38A and B District Road, Wembley, HA0 2LG (London Borough of Brent) was decided (quashed on legal grounds) on 22 December 2022 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the premises to a House in Multiple Occupation (HMO) and flat constitutes a breach of planning control.

without planning permission, the material change of use of the premises to a House in Multiple Occupation (HMO) and flat

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Madge M
Postcode
HA0 2LG

Main issues, as the Inspector framed them

  • Whether the material change of use of the premises to a House in Multiple Occupation (HMO) and flat constitutes a breach of planning control
  • Whether the use has achieved immunity from enforcement action due to the passage of time
  • Whether the use benefits from deemed planning permission

What decided it

The use of the downstairs flat as a single dwellinghouse was lawful before 2020 when the HMO use commenced, and therefore benefits from deemed planning permission under the GPDO for the change of use from C3 to C4.

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
    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.

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