®Planning appeal decision
Land at 43 Macdonald Road, London, N11 3JB
Planning appeal 3246971 at Land at 43 Macdonald Road, London, N11 3JB (London Borough of Barnet) was allowed in part (a split decision) on 12 October 2021 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the property into two dwellings took place before 9 January 2016 with the use continuing as two self-contained dwellings for at least four years thereafter.
1) Without planning permission, the division of the property into two dwellings: a self- contained flat in the two storey rear extension (Edged red in the attached plans); and one in the remainder of the property (the original dwellinghouse 2) Without planning permission, the change of use of the original dwellinghouse into a (use class C4) House in Multiple Occupation
- Authority
- London Borough of Barnet
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Pleasant L
- Postcode
- N11 3JB
Main issues, as the Inspector framed them
- Whether the material change of use of the property into two dwellings took place before 9 January 2016 with the use continuing as two self-contained dwellings for at least four years thereafter
- Whether the material change of use of the original dwellinghouse to use as a House in Multiple Occupation (C4) took place before 9 January 2010 with the use as an HMO continuing for at least 10 years thereafter
- The effect on the character of the area and impact on housing mix
- Whether or not the development provides for acceptable living conditions for existing and future occupiers
What decided it
The appellant failed to prove on the balance of probability that the alleged breaches had been in place for the required statutory periods, and the proposed uses would cause harmful effects on character, housing mix, and living conditions contrary to the development plan.
The growth objectives of the London Plan and the need to provide accommodation for different housing sectors did not outweigh the identified harm to character, housing mix, and living conditions.
What the Inspector cited
- Development plan policies
- Policy DM01Policy DM02Policy DM08Policy DM09Policy CS1Policy CS5Policy D6 of The London Plan 2021
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 appliedThe 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.
With an account
What an account adds to this decision
More decisions in London Borough of Barnet
The authority’s record since 2016 · every decision in 2021
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- Notice varied and upheld27 August 2026336134827 Dale Grove, London, N12 8EE
- Notice upheld26 August 2026337608848 Oldberry Road, Edgware, HA8 9DB
- Notice upheld18 August 20263337532140A Sydney Road, London, N10 2RN
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.