®Planning appeal decision
2 Brentfield Close, London, NW10 0QJ
Planning appeal 3318744 at 2 Brentfield Close, London, NW10 0QJ (London Borough of Brent) was dismissed on 19 August 2024 by Inspector Watson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decisions to refuse to issue the certificates of lawful use or development were well-founded, turning on whether the use for which the certificates were sought was lawful on the date the applications were made.
Certificate of lawful use or development for use as C4 house in multiple occupation
- Authority
- London Borough of Brent
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Watson S
- Postcode
- NW10 0QJ
Main issues, as the Inspector framed them
- Whether the Council's decisions to refuse to issue the certificates of lawful use or development were well-founded, turning on whether the use for which the certificates were sought was lawful on the date the applications were made
What decided it
The intervening unlawful sui generis HMO or flats use between the original lawful C3 use and the later C4 HMO use extinguished the C3 use, so there was no lawful C3 use from which permitted development rights could apply, and section 57(4) does not permit reversion to a past lawful use when intervening unlawful uses have occurred.
What the Inspector cited
- Judgments
- Mansi v Elstree RDC (1965) 16 P&CR 153; Duguid v SSETR (2001) 82 P&CR 6; Young v SSE [1983] JPL 677
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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- 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.