®Planning appeal decision
10 Heather Road, LONDON, NW2 7ND
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
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.
Judgments cited: Hillside Parks Ltd v Snowdonia National Parks Authority [2020] UKSC 30
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.