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Planning appeal decision

Notice varied and upheld27 May 20253321563

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.