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Planning appeal decision

Quashed On Legal Grounds19 August 20243329210

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

Planning appeal 3329210 at 215 & 215A Kilburn High Road, London, NW6 7JG (London Borough of Brent) was decided (quashed on legal grounds) on 19 August 2024 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the breaches of planning control alleged in the enforcement notices have occurred as a matter of fact.

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
Postcode
NW6 7JG

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 decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld30 September 20263359486
    30 Randall Avenue, London, NW2 7RN
  2. Planning permission granted25 September 20263377160
    26 Sidmouth Road, London, NW2 5HJ
  3. Notice upheld24 September 20263365164
    Land and Garage, Rear of 21 Ivy Road and Adjacent to 31 Cedar Road, London, NW2 6SN
  4. Split Decision17 September 20263357462
    61 Alder Grove, London, NW2 7DE
  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.

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