®Planning appeal decision
Maid Of Muswell, 121 Alexandra Park Road, LONDON, N10 2DP
the use of the rear garden by customers, as part of, and ancillary to, the operation of the licensed premise’ the description on the appeal form is ‘the use of the rear part of the site for use as a customer garden/terrace contrary to condition 5 attached to permission HGY/32637’. Appeal B: APP/Y5420/X/21/3266720 Maid of Muswell, 121 Alexandra Park Road, London N10 2DP
- Authority
- London Borough of Haringey
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- leisure-sport · Major retail and services
- Inspector
- Higenbottam H
Main issues, as the Inspector framed them
- Whether, on the balance of probabilities, the use of the land identified with red hatching on drwg no MC718-201 has been in use for refuse/bin storage, staff breakout area and as a customer garden/terrace, ancillary to the lawful use as a licensed premises contrary to condition 5 of permission HGY/2003/1677 (incorporated from planning permission HGY/32637) for a period of at least ten years and that the uses are lawful.
What decided it
The consistent aerial, documentary and witness evidence demonstrated on the balance of probabilities that the ancillary bin storage, staff breakout and customer garden/terrace use of the rear area had continued without material interruption for more than ten years since the 2003 permission, rendering it immune from enforcement.
Judgments cited: Westminster City Council v SSCLG [2013]
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.