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Planning appeal decision

Notice varied and upheld30 September 20213277841

Land at 2 Colindeep Gardens, London, NW4 4RU

Planning appeal 3277841 at Land at 2 Colindeep Gardens, London, NW4 4RU (London Borough of Barnet) was allowed in part (a split decision) on 30 September 2021 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: Whether the compliance period of 6 months specified in the enforcement notice is reasonable and proportionate, having regard to changes to section 21 of the Housing Act making eviction more difficult.

Without planning permission, the use of the property as a House in Multiple Occupation (HMO Use Class C4)

Authority
London Borough of Barnet
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
McEntee K
Postcode
NW4 4RU

Main issues, as the Inspector framed them

  • Whether the compliance period of 6 months specified in the enforcement notice is reasonable and proportionate, having regard to changes to section 21 of the Housing Act making eviction more difficult

What decided it

The effective compliance period of approximately 10 months from the decision date, combined with the 4 months already elapsed, was considered reasonable and proportionate to balance the interests of current tenants and the need to remedy the breach.

The balance struck between the need for current tenants to seek alternative accommodation and the need to bring the unauthorised use to an end, with a 10-month effective compliance period deemed proportionate.

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More decisions in London Borough of Barnet

The authority’s record since 2016 · every decision in 2021

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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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