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Planning appeal decision

Notice varied and upheld8 July 20243308003

17 Windsor Crescent, Wembley, HA9 9AN

Planning appeal 3308003 at 17 Windsor Crescent, Wembley, HA9 9AN (London Borough of Brent) was allowed in part (a split decision) on 8 July 2024 by Inspector Tweddle J, following an inquiry. The main issue, as the Inspector framed it: Ground (d): whether, on the date the notice was issued, no enforcement action could be taken in respect of the alleged material change of use to four flats (the four-year rule).

without planning permission, the material change of use of the premises to multiple self-contained flats

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Tweddle J
Postcode
HA9 9AN

Main issues, as the Inspector framed them

  • Ground (d): whether, on the date the notice was issued, no enforcement action could be taken in respect of the alleged material change of use to four flats (the four-year rule)
  • Ground (g): whether the four-month period for compliance specified in the notice falls short of what should reasonably be allowed

What decided it

The appellant's evidence, including admittedly manufactured tenancy agreements and inconsistent timelines, was not sufficiently precise or unambiguous to prove continuous residential use of any flat for the required four-year immunity period.

the public interest in expeditious compliance with the enforcement notice outweighed the appellant's private interest in extending the four-month compliance period to twelve months

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More decisions in London Borough of Brent

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

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  2. Planning permission granted25 September 20263377160
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  4. Split Decision17 September 20263357462
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  5. Notice varied and upheld16 September 20263365031
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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.

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