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Notice upheld4 April 20223283910

35 Dartmouth Road, London, NW4 3HY

Planning appeal 3283910 at 35 Dartmouth Road, London, NW4 3HY (London Borough of Barnet) was dismissed on 4 April 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether there has been a breach of planning control consisting in the change of use to two self-contained flats.

Material change of use of a single dwellinghouse to two self-contained flats

Authority
London Borough of Barnet
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Whalley J
Postcode
NW4 3HY

Main issues, as the Inspector framed them

  • Whether there has been a breach of planning control consisting in the change of use to two self-contained flats
  • Whether the use as two self-contained flats had become immune from enforcement action under ground (d) by virtue of four years' continuous use
  • Whether a certificate of lawful development should be granted for the use as two self-contained flats

What decided it

The breach of continuity in the use as two self-contained flats when the property reverted to single dwelling use in September 2017 for approximately 8 months, which prevented the acquisition of immunity from enforcement action under the four-year rule and rendered any previously established lawful use rights lost.

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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