Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice upheld16 May 20233290718

47 Netherlands Road, New Barnet, BARNET, EN5 1BP

the change of use of the property to a House in Multiple Occupation (Use Class C4)

Authority
London Borough of Barnet
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Walker A

Main issues, as the Inspector framed them

  • Whether copies of the Enforcement Notice were served as required by section 172 of the Town and Country Planning Act 1990
  • Whether the matters alleged in the notice constitute a breach of planning control
  • Whether at the time the Notice was served on 3 December 2021, it was too late to take enforcement action against the alleged breach of planning control

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to discharge the burden of proof on any of the three grounds of appeal, particularly the lack of documentary evidence regarding the duration and nature of the use.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.