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Split Decision10 August 20263349809

10 Birchen Grove, London, NW9 8SA

Planning appeal 3349809 at 10 Birchen Grove, London, NW9 8SA (London Borough of Brent) was allowed in part (a split decision) on 10 August 2026 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether suitable living conditions are provided for existing and future occupiers of the HMO and flat, having regard to noise and disturbance, internal floor space, provision of outdoor private amenity space and outlook and natural light.

Appeal type
Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hawkins S

Main issues, as the Inspector framed them

  • Whether suitable living conditions are provided for existing and future occupiers of the HMO and flat, having regard to noise and disturbance, internal floor space, provision of outdoor private amenity space and outlook and natural light.
  • The effect on the living conditions of occupiers of neighbouring residential property, having regard to noise and disturbance, on-street parking, waste/recycling storage, cycle storage and management of outdoor amenity space.
  • The effect on the supply of family housing in the Borough.
  • The effect on the character and appearance of the building and the surrounding area.

What decided it

The HMO and flat use caused unacceptable harm to occupiers' living conditions, neighbours' living conditions, family housing supply and character and appearance, conflicting with the Development Plan as a whole, whereas the extension and porch caused no such harm, aided by a lawful fallback position.

the harm identified from the HMO and flat use was not outweighed by any material consideration, including the modest weight given to meeting general housing needs, so permission was refused for that use; the extension and porch caused no harm and so permission was granted for those elements

What the Inspector cited

Development plan policies
LP Policy D6BLP Policy DMP1BLP Policy BH7BLP Policy BH10BLP Policy BH13BLP Policy BH11BLP Policy BD1
Judgments
Gravesham BC v SSE & O’Brien [1982] 47 P&CR 142; [1983] JPL 307; London Borough of Brent v SSHCLG & Yehuda Rothchild [2022] EWHC 2051 (Admin)

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.

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The decision letter

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More decisions in London Borough of Brent

The authority’s record since 2016 · every decision in 2026

  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.