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Planning appeal decision

Quashed On Legal Grounds19 August 20243329210

215 & 215A Kilburn High Road, London, NW6 7JG

without planning permission, the material change of use of the upper floors of the premises from TWO to FOUR flats and the erection of a first and second floor rear extension to the premises

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Whether the breaches of planning control alleged in the enforcement notices have occurred as a matter of fact
  • Whether the enforcement notices were properly served on all persons with an interest in the land

What decided it

The alleged material change of use from two to four flats has not occurred as a matter of fact because Flat D is a distinct planning unit occupying the same part of the building as a previous single flat, and the notices failed to properly describe the scope of the alleged breach.

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.