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Planning appeal decision

Dismissed18 October 20213249300

115 Cumbrian Gardens, London, NW2 1EJ

Planning appeal 3249300 at 115 Cumbrian Gardens, London, NW2 1EJ (London Borough of Barnet) was dismissed on 18 October 2021 by Inspector Brown S, by written representations. The main issue, as the Inspector framed it: Whether the use of the outbuilding as a studio flat is immune from enforcement action as a result of subsisting for a continuous period of four or more years prior to 1 November 2019.

Use of a single-storey outbuilding as a studio flat (use class C3)

Authority
London Borough of Barnet
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Brown S
Postcode
NW2 1EJ

Main issues, as the Inspector framed them

  • Whether the use of the outbuilding as a studio flat is immune from enforcement action as a result of subsisting for a continuous period of four or more years prior to 1 November 2019

What decided it

The enforcement notice issued on 29 November 2019 remained in force and unmet, and section 191(2)(b) of the Act precludes uses that contravene an enforcement notice from being lawful, regardless of how long the use has subsisted.

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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.

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