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Notice upheld16 May 20233290718

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

Planning appeal 3290718 at 47 Netherlands Road, New Barnet, Barnet, EN5 1BP (London Borough of Barnet) was dismissed on 16 May 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether copies of the Enforcement Notice were served as required by section 172 of the Town and Country Planning Act 1990.

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
Postcode
EN5 1BP

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 decision letter

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The authority’s record since 2016 · every decision in 2023

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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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