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Split Decision22 February 20243321125

59 Fernbank Avenue, Wembley, HA0 2TT

Planning appeal 3321125 at 59 Fernbank Avenue, Wembley, HA0 2TT (London Borough of Brent) was allowed in part (a split decision) on 22 February 2024 by Inspector Dudley G, following an inquiry. The main issue, as the Inspector framed it: The adequacy of amenity space in relation to 63 Fernbank Avenue.

Material change of use of the premises to a House in Multiple Occupation (HMO), to short term lettings, and to flats

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Dudley G
Postcode
HA0 2TT

Main issues, as the Inspector framed them

  • The adequacy of amenity space in relation to 63 Fernbank Avenue
  • The effect in relation to the loss of 3 bedroom dwellings

What decided it

The adequacy of internal communal amenity space to avoid cramped living conditions determined the permitted occupancy levels, particularly the reduction to 6 persons at 63 Fernbank Avenue.

The provision of a good standard of HMO accommodation, once occupancy was limited to ensure adequate communal amenity space, was found to outweigh the unmet need for family-sized dwellings in the borough.

What the Inspector cited

Development plan policies
Policy BH11Policy BH7

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 applied

The decision letter

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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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  3. Notice upheld24 September 20263365164
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  4. Split Decision17 September 20263357462
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  5. Notice varied and upheld16 September 20263365031
    73A 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.