®Planning appeal decision
Basement Flats, Connaught House, 20 Acton Lane, London, NW10 8TT
Planning appeal 3304568 at Basement Flats, Connaught House, 20 Acton Lane, London, NW10 8TT (London Borough of Brent) was dismissed on 8 December 2023 by Inspector Pleasant L, following an inquiry. The main issue, as the Inspector framed it: Whether the building operations to form the basement were substantially completed on or before 30 June 2018, and/or the use of the three self-contained flats took place before 30 June 2018, continuing for at least four years thereafter without material interruption (ground (d)).
Without planning permission, the formation of a basement and its use as three flats (retrospective planning permission sought for this under ground (a))
- Authority
- London Borough of Brent
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Minor Dwellings
- Inspector
- Pleasant L
- Postcode
- NW10 8TT
Main issues, as the Inspector framed them
- Whether the building operations to form the basement were substantially completed on or before 30 June 2018, and/or the use of the three self-contained flats took place before 30 June 2018, continuing for at least four years thereafter without material interruption (ground (d))
- Whether the development provides for acceptable living conditions for existing and future occupiers of the basement flats and for neighbouring residents in Connaught House (ground (a))
- Whether the requirements are excessive to achieve the purpose(s) of the notice (ground (f))
What decided it
The basement flats did not provide acceptable living conditions (failing national space standards, ceiling heights, outlook, natural light and amenity space) and conflicted with the development plan, and the appellant had not proved on the balance of probability that the basement and its residential use predated the four-year immunity period.
The recognised shortage of low-cost housing and the need to make effective use of land did not outweigh the unacceptable living conditions for existing and future occupiers and neighbouring residents and the resulting conflict with the development plan and the Framework.
What the Inspector cited
- Development plan policies
- Policy D10Policy BD3Policy D6
- National Planning Policy Framework
- Paragraph 130
- Judgments
- Welwyn Hatfield v SoS & Beesley [2011] UKSC 15; Gravesham BC vs SSE and Another [1984] 47p. & CR142
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.
See how each was appliedThe decision letter
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What an account adds to this decision
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The authority’s record since 2016 · every decision in 2023
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- Split Decision17 September 2026335746261 Alder Grove, London, NW2 7DE
- Notice varied and upheld16 September 2026336503173A 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.