33 Heathfield Gardens, London, NW11 9HY

Planning appeal 3278422 at 33 Heathfield Gardens, London, NW11 9HY (London Borough of Barnet) was decided (quashed on legal grounds) on 3 August 2022 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the material change of use from C3 to C4 took place prior to the coming into force on 29 May 2016 of the Article 4 Direction, such that it was lawful permitted development at the time.

without planning permission, the change of use of the property into a C4 House of Multiple Occupation (HMO)

Authority: London Borough of Barnet
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Rogers B
Postcode: NW11 9HY

Main issues, as the Inspector framed them

Whether the material change of use from C3 to C4 took place prior to the coming into force on 29 May 2016 of the Article 4 Direction, such that it was lawful permitted development at the time

What decided it

The appellant demonstrated through credible statutory declarations that the property was lawfully in use as a HMO prior to 29 May 2016, when such use was permitted development, and there has been no subsequent abandonment or change of use.

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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.