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

Authority: London Borough of Brent
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Allen M

Main issues, as the Inspector framed them

Whether the Council's behaviour in withholding agreement to variations to the approved scheme was unreasonable and, if so, whether it caused the applicant to incur unnecessary or wasted expense in the appeal process

What decided it

The Council's unreasonable and unexplained failure to respond to repeated requests for written agreement to internal layout variations, which caused the appellant unnecessary expense in dealing with that specific matter.

the Council's unreasonable conduct over the variation request justified a partial costs award, but since the underlying enforcement appeal would likely have proceeded regardless due to the effect of physical works on the Class O permitted development right, a full award was not justified

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