®Planning appeal decision
96 Village Way, London, NW10 0LL
Planning appeal 3300105 at 96 Village Way, London, NW10 0LL (London Borough of Brent) was allowed on 20 February 2023 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development was well founded, specifically whether the change of use from a Class C3 dwellinghouse to a Class C4 small HMO was permitted development under the GPDO and whether the property was in use as a small HMO (not more than 6 residents) when the application was made.
the retrospective change of use of the property to a six- person C4 HMO
- Authority
- London Borough of Brent
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Harbottle M
- Postcode
- NW10 0LL
Main issues, as the Inspector framed them
- Whether the Council's refusal to issue a certificate of lawful use or development was well founded, specifically whether the change of use from a Class C3 dwellinghouse to a Class C4 small HMO was permitted development under the GPDO and whether the property was in use as a small HMO (not more than 6 residents) when the application was made
What decided it
The appellant's statutory declaration naming all tenants and confirming occupancy never exceeded 6 residents, combined with the Council's failure to present concrete evidence of actual occupation by more than 6 people, satisfied the balance of probability test required for a certificate of lawful use.
The decision letter
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With an account
What an account adds to this decision
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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.