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Quashed On Legal Grounds20 February 20233300902

Flats A-D, 215A Kilburn High Road, London, NW6 7JG

Planning appeal 3300902 at Flats A-D, 215A Kilburn High Road, London, NW6 7JG (London Borough of Brent) was decided (quashed on legal grounds) on 20 February 2023 by Inspector Harbottle M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the land where the breach is alleged to have taken place.

Material change of use of upper floors from two to four flats and erection of a first floor rear extension

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Harbottle M
Postcode
NW6 7JG

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the land where the breach is alleged to have taken place
  • Whether copies of the enforcement notice were served in accordance with section 172(2) of the Town and Country Planning Act 1990

What decided it

The enforcement notice does not specify with sufficient clarity the alleged breach of planning control and the land where the breach is alleged, and copies may not have been properly served, rendering the notice invalid.

The decision letter

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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.

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