®Planning appeal decision
52 Wolsey Grove, Edgware, HA8 0PJ
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
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 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.