®Planning appeal decision
Land at 43 Macdonald Road, LONDON, N11 3JB
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
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.
Plan policies cited: Policy DM01, Policy DM02, Policy DM08, Policy DM09, Policy CS1, Policy CS5, Policy D6 of The London Plan 2021
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.