®Planning appeal decision
Allowed14 April 20233313869
4 Bertie Road, London, NW10 2LH
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
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.
Judgments cited: Impey v SSE (1984) 47 P&CR 157; Basingstoke and Deane Borough Council v SSCLG [2009] EWHC 1012 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.