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Planning appeal decision

Notice varied and upheld3 April 20243296971

9 Buxton Road, London, NW2 5BL

Planning appeal 3296971 at 9 Buxton Road, London, NW2 5BL (London Borough of Brent) was allowed in part (a split decision) on 3 April 2024 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the extensions constitute a breach of planning control under ground (c).

without planning permission, the material change of use of the premises to a House in Multiple Occupation (HMO) and one flat AND the erection of a single storey rear extension and rear dormer to the premises

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Shields T
Postcode
NW2 5BL

Main issues, as the Inspector framed them

  • Whether the extensions constitute a breach of planning control under ground (c)
  • Whether planning permission should be granted for the extensions and change of use under ground (a)
  • Whether the enforcement notice requirements exceed what is necessary to remedy the breach under ground (f)
  • Whether the 6-month compliance period is reasonable under ground (g)

What decided it

The extensions were integral to the unauthorised change of use and do not benefit from permitted development rights, and their physical form causes unacceptable harm to character and appearance and living conditions that cannot be overcome by conditions.

What the Inspector cited

Development plan policies
Policy DMP1Policy BH13

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.

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The decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2024

  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.