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Planning appeal decision

Planning permission granted30 May 20253336859

50 West Hill, WEMBLEY, HA9 9RS

without planning permission, the material change of use of the premises to a House in Multiple Occupation (HMO)

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moss J

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control
  • Whether the change of use to a Class C4 HMO was lawful and had the benefit of Class L permitted development
  • Whether the lawful use as a Class C4 HMO was extant or had been lost by the time the LDC application and enforcement notice were issued

What decided it

The tenancy agreements dated September-October 2022 demonstrating occupation by not more than 6 residents, combined with the absence of persuasive evidence that the use had changed to a large HMO, established that the change of use to Class C4 HMO occurred before the Article 4 Direction took effect and therefore had the benefit of Class L permitted development.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.