®Planning appeal decision
23 Rose Glen, LONDON, NW9 0JR
‘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
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
Plan policies cited: Policy BH12, Policy DMP1, Policy BH13, Policy BT2, London Plan Policy D6, London Plan Policy T6, London Plan Policy T6.1
Judgments cited: 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)
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.