Case 3370992

201 High Street, London, Brent, NW10 4TE

London Borough of Brent — appeal dismissed

Outcome
Dismissed
Decision date
17 November 2025
Authority
London Borough of Brent
Inspector
Livingstone C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Michael Toumazou
LPA reference
25/1461
ONS LPA code
E09000005
Jurisdiction
Transferred
Link status
Not Linked
Start date
15 August 2025

Summary AI

The appeal for a development in Brent, London, was dismissed due to the proposal's failure to meet minimum space standards and provide private external amenity space. The inspector found that the development would result in two dwellings with floor areas significantly below the required standards, and no provision for private external amenity space.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

201 High Street, London, Brent, NW10 4TE — London Borough of Brent — Appeal Decision Site visit made on 28 October 2025 by C Livingstone MA(SocSci) (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 17 November 2025 Appeal Ref: APP/T5150/W/25/3370992 201C High Street, Brent, London NW10 4TE • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Michael Toumazou against the decision of the Council of the London Borough of Brent. • The application Ref is 25/1461. • The development proposed is conversion of the existing 2 bedroom first floor flat into 2 self- contained studio flats. Erection of two rear dormer windows and two front dormer windows and conversion of second floor into one self-contained studio flat. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is whether the proposed development would provide suitable living conditions for future occupants with regard to internal and external space. Reasons 3. The appeal site is located within a mixed use area, within a mid-terrace, two storey building that is divided into two flats.

Page 1 · Chunk 1 Appeal Decision

201 High Street, London, Brent, NW10 4TE — London Borough of Brent — Appeal Decision The proposal is for the subdivision of the first floor flat, and the formation of two dormer windows, to allow for the creation of two one-bedroom, two person flats and a studio flat. 4. The Council state that the flat on the first floor would have a floor area of 35.83sqm and the studio would have a floor area of 31sqm. These areas differ slightly from the proposed plans in regard to the one bedroom flat, which indicates that it would have a floor area of 36sqm. 5. In order to ensure that housing development provides future occupants with a comfortable and functional living environment, Policy D6 of the London Plan 2021 (LonP) sets minimum space standards for dwellings. Table 3.1 of the LonP sets the minimum gross internal floor area for a one bedroom, two-person flat to be 50sqm and the minimum area for a studio flat to be 37sqm. 6. It is acknowledged there is a minor disagreement on the gross internal floor area of the one bedroom flat. However, in any case the floor area of two of the resultant dwellings would fall significantly short of the London Plan space standards. 7.

Page 1 · Chunk 2 Appeal Decision

201 High Street, London, Brent, NW10 4TE — London Borough of Brent — Appeal Decision Policy BH13 of the Brent Local Plan 2019-2041, adopted 2022, (BLP) requires new housing developments to have a sufficient area of private external amenity space to meet the needs of future occupants. For a dwelling of the size proposed, Policy https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

201 High Street, London, Brent, NW10 4TE — London Borough of Brent — Appeal Decision Policy BH13 of the Brent Local Plan 2019-2041, adopted 2022, (BLP) requires new housing developments to have a sufficient area of private external amenity space to meet the needs of future occupants. For a dwelling of the size proposed, Policy https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

201 High Street, London, Brent, NW10 4TE — London Borough of Brent — Appeal Decision Appeal Decision APP/T5150/W/25/3370992 BH13 normally requires an area of 20 square metres to be provided for all housing apart from family homes. 8. Policy D6 of the LonP states ‘where there are no higher local standards in the borough Development Plan Documents, a minimum of 5 sqm of private outdoor space should be provided for 1-2 person dwellings and an extra 1 sqm should be provided for each additional occupant’. As the requirement set by the BLP sets a higher local standard, the required area of private external amenity space in this instance is 20 square metres for each dwelling. 9. The proposed dwellings would have no private external amenity space, and no alternative communal provision is proposed. Therefore, the appeal scheme would fail to provide external amenity space as required by Policy BH13 of the BLP. 10. It takes approximately 15 minutes to walk from the appeal site to King Edward VII Park, while future occupants may gain some amenity benefit from this green space its distance from the appeal site is such that it does not provide a reasonable alternative to a private external amenity space. It is acknowledged that the appeal site is in an urban area where building density is higher.

Page 2 · Chunk 5 Appeal Decision

201 High Street, London, Brent, NW10 4TE — London Borough of Brent — Appeal Decision However, the standards set within policy BH13 of the BLP, do not differentiate between urban and suburban areas. 11. For the reasons detailed above the proposed development would fail to provide suitable living conditions for future occupants in regard to internal floor space and external amenity space. Therefore, the development conflicts with Policies DMP1 and BH13 of the BLP and Policy D6 of the LonP which require that development provides high levels of internal and external amenity and sets minimum space standards for housing developments. Other Matters 12. My attention has been drawn to a previous planning permission at the appeal site for the formation of two front dormer windows (reference 17/2200. There is no substantive evidence before me to demonstrate that this development also included internal layout changes to allow for the subdivision of the dwelling. As such I cannot be certain that the circumstances in that instance are the same as the appeal before me. 13. The appellant asserts that there have been no objections to the proposal, the appeal site is not within a conservation area, and the proposal does not affect the setting of a listed building.

Page 2 · Chunk 6 Appeal Decision

201 High Street, London, Brent, NW10 4TE — London Borough of Brent — Appeal Decision While this may be the case, an absence of harm in regard to these matters is a neutral factor weighing neither for nor against the development. Conclusion 14. The proposal would provide two additional housing units, in a suitable location where there is an identified need. This would maximise the use of the site and make a modest contribution to the housing supply in the area. In so doing, the proposal would support the aims of The National Planning Policy Framework, which amongst other things, encourages the development of small sites in order to meet housing needs. There would also be associated economic benefits during construction. https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 7 Appeal Decision

201 High Street, London, Brent, NW10 4TE — London Borough of Brent — Appeal Decision While this may be the case, an absence of harm in regard to these matters is a neutral factor weighing neither for nor against the development. Conclusion 14. The proposal would provide two additional housing units, in a suitable location where there is an identified need. This would maximise the use of the site and make a modest contribution to the housing supply in the area. In so doing, the proposal would support the aims of The National Planning Policy Framework, which amongst other things, encourages the development of small sites in order to meet housing needs. There would also be associated economic benefits during construction. https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/T5150/W/25/3370992 15. However, I have found the proposal would fail to provide acceptable living conditions for future occupants. The adverse effects in this respect are considerable and outweigh the benefits detailed above. 16. The development would conflict with the development plan. This conflict is not outweighed by other considerations. Therefore, the appeal is dismissed.

Page 3 · Chunk 8 C Livingstone

201 High Street, London, Brent, NW10 4TE — London Borough of Brent — C Livingstone INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Living conditions
Against appellant
¶5

The floor area of two of the resultant dwellings would fall significantly short of the London Plan space standards.

Living conditions
Against appellant
¶9

The proposed dwellings would have no private external amenity space, and no alternative communal provision is proposed.

Living conditions
Against appellant
¶11

The proposed development would fail to provide suitable living conditions for future occupants in regard to internal floor space and external amenity space.

Policies relied on

Reference Weight
Policy D6 of the London Plan 2021 (LonP)
Determinative
Policy BH13 of the Brent Local Plan 2019-2041, adopted 2022, (BLP)
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 17 November 2025 under the Open Government Licence.