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Planning appeal decision

Notice upheld19 April 20223284045

34 Kimberley Road, London, N17 9BD

Planning appeal 3284045 at 34 Kimberley Road, London, N17 9BD (London Borough of Haringey) was dismissed on 19 April 2022 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the use of the house and outbuilding as separate self-contained flats commenced at least 4 years before 6 September 2021 and continued without material interruption, such that the breach is immune from enforcement action.

Material change of use of dwellinghouse to four self-contained flats and outbuilding to one self-contained flat

Authority
London Borough of Haringey
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Shields T
Postcode
N17 9BD

Main issues, as the Inspector framed them

  • Whether the use of the house and outbuilding as separate self-contained flats commenced at least 4 years before 6 September 2021 and continued without material interruption, such that the breach is immune from enforcement action

What decided it

The appellant's 2016 Lawful Development Certificate application and accompanying floor plans evidenced the property as a single dwellinghouse at that time, directly contradicting his claim of use as separate flats in 2016 and undermining the credibility of his evidence.

The decision letter

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More decisions in London Borough of Haringey

The authority’s record since 2016 · every decision in 2022

  1. Quashed On Legal Grounds29 September 20263371938
    20 Croxford Gardens, Wood Green, London, N22 5QU
  2. Notice upheld23 September 20263365190
    37 Morrison Avenue, London, N17 6TU
  3. Planning permission granted24 August 20263367851
    Unit 3, Omega Works, 167 Hermitage Road, London, N4 1LZ
  4. decided12 August 20266006421
    251 Wightman Road, London, N8 0NB
  5. Notice upheld23 July 20263359207
    1 Inverness Terace, Sterling Road, London , N22 5BS

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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