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Notice varied and upheld5 May 20223263386

52 Wolsey Grove, Edgware, HA8 0PJ

Planning appeal 3263386 at 52 Wolsey Grove, Edgware, HA8 0PJ (London Borough of Barnet) was allowed in part (a split decision) on 5 May 2022 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether the change of use occurred more than 10 years before the enforcement notice was issued, such that immunity from enforcement applies under section 171B(3) of the Town and Country Planning Act 1990.

without planning permission, the change of use of land in the rear garden of 52 Wolsey Grove to a use for/as a dwellinghouse and operational development in the form of the construction of the building in which the dwelling is situated carried out incidental to making of the change of the use

Authority
London Borough of Barnet
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Walker A
Postcode
HA8 0PJ

Main issues, as the Inspector framed them

  • Whether the change of use occurred more than 10 years before the enforcement notice was issued, such that immunity from enforcement applies under section 171B(3) of the Town and Country Planning Act 1990
  • Whether the requirements of the enforcement notice are excessive in achieving its purpose
  • Whether the compliance period of 9 months is reasonable

What decided it

The appellant could not establish that the change of use occurred before the 10-year immunity date, but the enforcement notice requirements were excessive as only removal of kitchen facilities was necessary to remedy the breach.

The decision letter

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More decisions in London Borough of Barnet

The authority’s record since 2016 · every decision in 2022

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  3. Notice varied and upheld27 August 20263361348
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  4. Notice upheld26 August 20263376088
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  5. Notice upheld18 August 20263337532
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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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