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Planning appeal decision

Notice varied and upheld26 May 20243335123

65A and B Townsend Lane, London, NW9 8BP

Planning appeal 3335123 at 65A and B Townsend Lane, London, NW9 8BP (London Borough of Brent) was allowed in part (a split decision) on 26 May 2024 by Inspector Moore D, following an inquiry. The main issue, as the Inspector framed it: The effect of the development on the character and appearance of the host property and the surrounding area.

without planning permission, the material change of use of the ground floor and garden from residential to a mixed use as residential, builders/storage yard and business use and erection of buildings in the rear garden

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Change of use
Inspector
Moore D
Postcode
NW9 8BP

Main issues, as the Inspector framed them

  • The effect of the development on the character and appearance of the host property and the surrounding area
  • The effect of the development on the living conditions of neighbouring occupiers with regard to noise and outlook

What decided it

The unauthorised building and yard use caused significant harm to the character and appearance of the area, conflicting with the development plan and outweighing the limited weight of other considerations.

the limited weight of other considerations such as economic benefit and personal circumstances did not outweigh the conflict with the development plan arising from harm to the character and appearance of the area

What the Inspector cited

Development plan policies
Policy DMP1Policy BT3
Judgments
Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Fidler v FSS & Reigate and Banstead BC [2004] EWCA Civ 1295; Caldwell & Timberstore Ltd v SSLUHC & Buckinghamshire Council [2024] EWCA Civ 467; Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Skerritts of Nottingham Ltd v SSETR [2000] JPL 1025

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.