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Planning appeal decision

Notice varied and upheld11 February 20253345281

254-256 Belsize Road and 258 Belsize Road, London, NW6 4BT

Planning appeal 3345281 at 254-256 Belsize Road and 258 Belsize Road, London, NW6 4BT (London Borough of Camden) was allowed in part (a split decision) on 11 February 2025 by Inspector White P, following an inquiry. The main issue, as the Inspector framed it: The appeals on ground (b) - whether the alleged breach (material change of use to sui generis serviced apartments for short term lets) has occurred.

Material change of use of the Property from 2 x office blocks to serviced apartments for short term lets (Sui Generis)

Authority
London Borough of Camden
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
White P
Postcode
NW6 4BT

Main issues, as the Inspector framed them

  • The appeals on ground (b) - whether the alleged breach (material change of use to sui generis serviced apartments for short term lets) has occurred
  • The appeals on ground (d) - whether, at the date the notice was issued, no enforcement action could be taken because the use was immune from enforcement
  • The appeals on ground (f) - whether the steps required by the notice exceed what is necessary to remedy the breach
  • The appeals on ground (g) - whether the compliance period is too short

What decided it

The appellants failed to demonstrate that the use occurring was Class C3 rather than a sui generis use as serviced apartments for short-term lets, and failed to establish continuous four-year immunity for ground (d).

What the Inspector cited

Judgments
Westminster CC v SSE & Aboro [1983] JPL 602; Ferris v SSE [1998] JPL 777; Gravesham BC v Secretary of State for the Environment (1984) 47 P & CR 142; Moore v Secretary of State for Communities and Local Government [2012] EWCA Civ 1202; [2013] A.C.D. 19; Mayflower Cambridge Ltd v Secretary of State for the Environment (1975) 30 P. & C.R. 28; Commercial and Residential Property Development Company Limited v Secretary of State for the Environment [1982] JPL 513; London Borough of Brent v SSLHC and Rothchild CO/3240/2021; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; Moore v Secretary of state for Communities and Local Government [2021] EWCA Civ 1202 (J.P.L. 2013, 2, 192-203)

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 Camden

The authority’s record since 2016 · every decision in 2025

  1. Notice upheld17 September 20263376816
    Flat 1, Mexborough, Pratt Street, London, NW1 0BL
  2. Notice varied and upheld17 September 20263372650
    107 West End Lane, London, NW6 4SY
  3. Notice upheld17 September 20263361256
    3 Collard Place, Lonon, NW1 8DU
  4. Notice varied and upheld16 September 20263356264
    Flat A, 190 Fordwych Road, London, NW2 3NX
  5. Quashed On Legal Grounds15 September 20263378458
    12 Argyle Street, London, WC1H 8EG

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.