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Planning appeal decision

Notice varied and upheld22 December 20253355374

23 Rose Glen, London, NW9 0JR

Planning appeal 3355374 at 23 Rose Glen, London, NW9 0JR (London Borough of Brent) was allowed in part (a split decision) on 22 December 2025 by Inspector Brownless E, following an inquiry. The main issue, as the Inspector framed it: whether the appeal building provides satisfactory living conditions for its occupants, having regard to the provision of internal floorspace, external amenity space, provision of personal bin and cycle storage, and access arrangements.

‘without planning permission, the material change of use of the outbuilding in the far end of the rear garden to a separate residential accommodation ("the unauthorised change of use")

Authority
London Borough of Brent
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Brownless E
Postcode
NW9 0JR

Main issues, as the Inspector framed them

  • whether the appeal building provides satisfactory living conditions for its occupants, having regard to the provision of internal floorspace, external amenity space, provision of personal bin and cycle storage, and access arrangements
  • the effect of the material change of use to a separate dwelling on the living conditions of neighbouring occupiers by virtue of noise, disturbance, on-street parking
  • the effect of the material change of use to a separate dwelling on the character and appearance of the area

What decided it

The appellant could not demonstrate, on the balance of probabilities, four years' continuous use of the outbuilding as a self-contained dwelling, and the proposed dwelling use conflicted with development plan policies on living conditions and character with no outweighing material considerations.

the harms to the occupants' living conditions, neighbours' living conditions and the character of the area, together with conflict with the development plan as a whole, were not outweighed by any material considerations, so planning permission was refused

What the Inspector cited

Development plan policies
Policy BH12Policy DMP1Policy BH13Policy BT2London Plan Policy D6London Plan Policy T6London Plan Policy T6.1
Judgments
Islington LBC v SSHCLG & Maxwell Estates [2019] EWHC 2691 (Admin); Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15; [2011] JPL 1183; R (Ocado Retail Limited) v Islington LBC [2021] EWHC 1509 (Admin); Nelsovil v MHLG [1962] 1 WLR 404; Gabbitas v SSE and Newham LBC [1985] JPL 630; Gravesham BC v SSE & O'Brien [1983] JPL 306; Uttlesford DC v SSE & White [1992] JPL 171; Richmond upon Thames LBC v SSE (1972) 224 E.G. 1555; Bowring v SSCLG & Waltham Forest LBC [2013] EWHC 1115 (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.

See how each was applied

The decision letter

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More decisions in London Borough of Brent

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

  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.