®Planning appeal decision
4 Bertie Road, London, NW10 2LH
Planning appeal 3313869 at 4 Bertie Road, London, NW10 2LH (London Borough of Brent) was allowed on 14 April 2023 by Inspector Renaudon L, by written representations. The main issue, as the Inspector framed it: Whether the property was in a Class C3 dwellinghouse use at the time of each application, meaning that Class L rights were potentially available.
proposed conversion of dwellinghouse to HMO (C4). Summary
- Authority
- London Borough of Brent
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Renaudon L
- Postcode
- NW10 2LH
Main issues, as the Inspector framed them
- Whether the property was in a Class C3 dwellinghouse use at the time of each application, meaning that Class L rights were potentially available
- Whether what is proposed in each application amounts in substance to a Class C4 use
- Whether the Article 4 Direction operates so as to remove permitted development rights to make the change of use
What decided it
The relevant time for determining lawfulness is the date of application under section 192(2) of the 1990 Act, and both applications were made before the Article 4 Direction came into effect, meaning permitted development rights applied at the material time.
What the Inspector cited
- Judgments
- Impey v SSE (1984) 47 P&CR 157; Basingstoke and Deane Borough Council v SSCLG [2009] EWHC 1012 (Admin)
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
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.
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.