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Planning appeal decision

Notice upheld1 July 20223288749

35 Farningham Road, London, N17 0PP

Planning appeal 3288749 at 35 Farningham Road, London, N17 0PP (London Borough of Haringey) was dismissed on 1 July 2022 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (material change of use to six self-contained flats) has occurred as a matter of fact.

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

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hocking P
Postcode
N17 0PP

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.

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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