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 under section 192(2) of the 1990 Act is the date of application, not the date of determination, and both applications were made before the Article 4 Direction came into effect.

Judgments cited: Impey v SSE (1984) 47 P&CR 157; Basingstoke and Deane Borough Council v SSCLG [2009] EWHC 1012 (Admin)

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