®Planning appeal decision
Land at 693 Finchley Road, LONDON, NW2 2JN
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
Main issues, as the Inspector framed them
- Whether the appellant has shown on the balance of probability that the notice was not served as required by section 172 of the 1990 Act as amended and has been substantially prejudiced
- Whether the allegation has not occurred as a matter of fact
- Whether the steps required by the notice exceed what is necessary to remedy any breach of planning control or injury to amenity
What decided it
The appellant's own admission that separate residential units had functioned at the outbuilding, combined with the Inspector's finding that the bathroom and fences were integral to sustaining the unlawful use and therefore necessary to remedy the breach.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.