15 Parkhurst Road, LONDON, N11 3EN

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

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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