40 Ilex Road, LONDON, NW10 9NU

without planning permission the material change of use of the premises to flats

Authority: London Borough of Brent
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Rafferty C

Main issues, as the Inspector framed them

Whether the alleged breach of planning control (material change of use to flats) has occurred as a matter of fact
Whether the alleged breach of planning control constitutes a breach of planning control requiring planning permission

What decided it

The Inspector's factual finding that each bedroom contained its own basic amenities (toilets, washing facilities, and cooking facilities) not shared between households, demonstrating the rooms were occupied as individual self-contained flats rather than as a single HMO, and that no planning permission existed for this material change of use.

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