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Planning appeal decision

Quashed On Legal Grounds28 February 20223261094

36 Sunningfields Road, London, NW4 4RL

Planning appeal 3261094 at 36 Sunningfields Road, London, NW4 4RL (London Borough of Barnet) was decided (quashed on legal grounds) on 28 February 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control, having regard to the four-year immunity period under section 171B(2) of the Town and Country Planning Act 1990.

without planning permission the conversion of the dwelling house into three self contained units and two bed sitting rooms sharing facilities on the first floor

Authority
London Borough of Barnet
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Savage M
Postcode
NW4 4RL

Main issues, as the Inspector framed them

  • Whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control, having regard to the four-year immunity period under section 171B(2) of the Town and Country Planning Act 1990

What decided it

The appellant's evidence demonstrated on the balance of probabilities that the conversion occurred on or before 1 September 2016 and continued without significant interruption for at least four years, placing the breach outside the enforcement period.

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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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