10 Heather Road, London, NW2 7ND

Planning appeal 3351394 at 10 Heather Road, London, NW2 7ND (London Borough of Brent) was decided (quashed on legal grounds) on 9 May 2025 by Inspector Walker A, following an inquiry. The main issue, as the Inspector framed it: For an appeal to succeed on ground (c), the burden of proof is upon the appellant to demonstrate on the balance of probabilities that the matters stated in the notice do not constitute a breach of planning control.

Without Planning Permission, the material change of use of the premises to a House in Multiple Occupation (HMO) ("the unauthorised change of use") AND Without Planning Permission, the erection of a single storey rear extension ("the unauthorised development")

Authority: London Borough of Brent
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Walker A
Postcode: NW2 7ND

Main issues, as the Inspector framed them

For an appeal to succeed on ground (c), the burden of proof is upon the appellant to demonstrate on the balance of probabilities that the matters stated in the notice do not constitute a breach of planning control.
The main issue in this appeal [Appeal B] is whether or not the Council's decision to refuse to issue the LDC for the single-storey rear extension was well-founded.

What decided it

The extension and the change of use to a small HMO both benefited from permitted development rights under the GPDO (Class A and Class L respectively) at the material time, before the Council's Article 4 Direction took effect.

What the Inspector cited

Judgments: Hillside Parks Ltd v Snowdonia National Parks Authority [2020] UKSC 30

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

592 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in London Borough of Brent

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

Notice upheld30 September 20263359486
30 Randall Avenue, London, NW2 7RN
Planning permission granted25 September 20263377160
26 Sidmouth Road, London, NW2 5HJ
Notice upheld24 September 20263365164
Land and Garage, Rear of 21 Ivy Road and Adjacent to 31 Cedar Road, London, NW2 6SN
Split Decision17 September 20263357462
61 Alder Grove, London, NW2 7DE
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.