Planning appeal decision
27 Pembroke Road, WEMBLEY, HA9 7PD
- Authority
- London Borough of Brent
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Ghafoor A
Main issues, as the Inspector framed them
- Whether the change of use benefits from permitted development rights under an Article 4 Direction
- Whether the alleged HMO use has acquired immunity from enforcement action
- The effect of the development on family housing and living conditions of existing and future occupiers regarding comings and goings, general disturbance, and the standard of accommodation
- Whether the requirements of the enforcement notice are reasonable
- Whether the period for compliance is reasonable
What decided it
The Article 4 Direction in force from 1 November 2022 prohibits permitted development rights for change of use from C3 to C4, and the evidence indicates the HMO use followed directly from unauthorised two-flat use rather than from a lawful single dwellinghouse, meaning express planning permission was required and was not obtained.
Plan policies cited: Policy BH7, Policy BH10, Policy BH6, Policy H8 of The London Plan, Policy DMP1
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.
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