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Planning appeal decision

Notice varied and upheld23 September 20223284466

Land at 691 Finchley Road, London, NW2 2JN

Planning appeal 3284466 at Land at 691 Finchley Road, London, NW2 2JN (London Borough of Barnet) was allowed in part (a split decision) on 23 September 2022 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (material change of use of the garden building to a dwelling) has occurred as a matter of fact.

the use of a single storey flat roof garden building at the rear of the site as a separate dwelling house in breach of condition 4 of planning approval 18/1533/FUL (30.05.2018) which says: The use of the garden offices hereby permitted shall at all times be ancillary to and occupied in conjunction with the ground floor flats of the main buildings as detailed in approved drawing 691FR-PP1-01 Rev C and shall not at any time be occupied as a separate unit, dwelling, or commercial/ independent office

Authority
London Borough of Barnet
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Satheesan R
Postcode
NW2 2JN

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (material change of use of the garden building to a dwelling) has occurred as a matter of fact
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The appellant's own admission that separate residential units were functioning at the outbuilding for a period, combined with the finding that the bathroom and fences were integral to sustaining the unlawful use and necessary to remedy the breach.

The decision letter

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More decisions in London Borough of Barnet

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

  1. Notice varied and upheld29 September 20263359644
    35 Hillview Gardens, London, NW4 2JJ
  2. Notice upheld28 August 20263361601
    53 Essex Park, London, N3 1ND
  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
    140A Sydney Road, London, N10 2RN

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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