16 Melrose Gardens, EDGWARE, HA8 5LN

without planning permission, the material change of use of the premises to a House in Multiple Occupation (HMO) and two flats. ("the unauthorised change of use")

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

Main issues, as the Inspector framed them

Whether the alleged breach of planning control (material change of use to an HMO and two flats) has occurred as a matter of fact, and specifically the distinction between a self-contained flat and an HMO

What decided it

The Inspector concluded that all rooms in the property, including rooms 2 and 5 with kitchenettes, lacked adequate private cooking facilities for day-to-day private domestic existence and therefore the property constituted a single HMO (Class C4) rather than an HMO plus two self-contained flats, meaning the breach alleged in the enforcement notice had not occurred as a matter of fact.

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