Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice varied and upheld11 January 20233298427

26 Lyon Park Avenue, Wembley, HA0 4DR

Planning appeal 3298427 at 26 Lyon Park Avenue, Wembley, HA0 4DR (London Borough of Brent) was allowed in part (a split decision) on 11 January 2023 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the material change of use to three flats has achieved immunity from enforcement action due to the passage of time under section 174(2)(d).

without planning permission, the material change of use of the premises to three flats

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Madge M
Postcode
HA0 4DR

Main issues, as the Inspector framed them

  • Whether the material change of use to three flats has achieved immunity from enforcement action due to the passage of time under section 174(2)(d)
  • Whether the steps required by the enforcement notice go beyond what is necessary to remedy the breach under section 174(2)(f)

What decided it

The appellant's evidence failed to establish on the balance of probability that the premises had been occupied as three self-contained flats for any continuous four-year period on or before the material date, therefore immunity from enforcement was not achieved.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

518 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

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.