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Planning appeal decision

Notice varied and upheld2 October 20243329600

Former 6-10 Hallmark Trading Centre, Fourth Way, Wembley, HA9 0BF

Planning appeal 3329600 at Former 6-10 Hallmark Trading Centre, Fourth Way, Wembley, HA9 0BF (London Borough of Brent) was allowed in part (a split decision) on 2 October 2024 by Inspector Allen M, following an inquiry. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity or otherwise invalid.

Without planning permission, the material change of use of the land/premises to twelve flats

Authority
London Borough of Brent
Appeal type
major · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Allen M
Postcode
HA9 0BF

Main issues, as the Inspector framed them

  • Whether the enforcement notice is a nullity or otherwise invalid
  • Ground (c): whether the development was carried out in accordance with the approved details
  • Ground (f): whether the steps required by the notice are excessive and whether lesser steps would overcome the objection
  • Ground (g): whether the period for compliance with the notice is too short

What decided it

Unauthorised building operations and a materially different layout from that approved meant the development could not benefit from the GPDO prior approval, rendering the use unlawful.

The Inspector balanced the occupiers' human rights (including the best interests of children) against the legitimate aim of a properly functioning enforcement regime, concluding that 6 months was too short but the requested 5 years excessive, and that 12 months struck the appropriate balance.

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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