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

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

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.

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