35 Farningham Road, LONDON, N17 0PP

Without planning permission, the material change of use to six self-contained flats

Authority: London Borough of Haringey
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hocking P

Main issues, as the Inspector framed them

Whether the alleged breach of planning control (material change of use to six self-contained flats) has occurred as a matter of fact
Whether the use has acquired lawfulness through the passage of time (four years continuous use)
Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The appellant failed to provide sufficient evidence to demonstrate on the balance of probabilities that the use as six self-contained flats had subsisted continuously for four years, and his own evidence was contradicted by a 2013 planning application.

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