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Planning appeal decision

Notice varied and upheld31 January 20243294117

Land at 143 Colindale Avenue, London, NW9 5HB

Planning appeal 3294117 at Land at 143 Colindale Avenue, London, NW9 5HB (London Borough of Barnet) was allowed in part (a split decision) on 31 January 2024 by Inspector Whitfield J, following an inquiry. The main issue, as the Inspector framed it: the effect of the developments on the character and appearance of the area.

Material change of use of land to the rear of the garden to storage use incidental to a restaurant/shisha bar and construction of a building incidental to that use

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
other · Change of use
Inspector
Whitfield J
Postcode
NW9 5HB

Main issues, as the Inspector framed them

  • the effect of the developments on the character and appearance of the area
  • whether the developments provide acceptable living conditions for current and future occupiers of 143 Colindale Avenue and 145 Colindale Avenue with particular regard to outdoor space
  • the effect of the developments on the living conditions of neighbouring residents with particular regard to noise and disturbance

What decided it

The identified harm to the character and appearance of the area and to the outdoor living conditions of occupiers outweighed the lack of noise harm and the limited weight given to business retention, leading to dismissal of the ground (a) appeals.

the harm to character and appearance and to outdoor living conditions outweighed the limited weight afforded to the benefit of retaining the buildings for the restaurant business, so the appeals on ground (a) did not succeed

What the Inspector cited

Development plan policies
Policy DM01Policy DM02Policy CS5Policy DM04

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in London Borough of Barnet

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld29 September 20263359644
    35 Hillview Gardens, London, NW4 2JJ
  2. Notice upheld28 August 20263361601
    53 Essex Park, London, N3 1ND
  3. Notice varied and upheld27 August 20263361348
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  4. Notice upheld26 August 20263376088
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  5. Notice upheld18 August 20263337532
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.