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Planning appeal decision

Allowed15 August 20223288781

15 Parkhurst Road, London, N11 3EN

Planning appeal 3288781 at 15 Parkhurst Road, London, N11 3EN (London Borough of Barnet) was allowed on 15 August 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the use of the existing dwelling as 2 self-contained flats had been in continuous use for a period of more than 4 years before the application for a lawful development certificate was made, such that it had become immune from enforcement action under section 171B(2) of the Town and Country Planning Act 1990.

Use of existing dwelling as 2 no. self-contained flats

Authority
London Borough of Barnet
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Whalley J
Postcode
N11 3EN

Main issues, as the Inspector framed them

  • Whether the use of the existing dwelling as 2 self-contained flats had been in continuous use for a period of more than 4 years before the application for a lawful development certificate was made, such that it had become immune from enforcement action under section 171B(2) of the Town and Country Planning Act 1990

What decided it

The Council's basis for doubting the continuous occupation of the ground floor flat during the 6-month period from September 2017 to February 2018 was frail, resting only on the absence of a utility bill to accompany the Council tax bill, when the Council provided no evidence to contradict the appellant's claim of continuous occupation.

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More decisions in London Borough of Barnet

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

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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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