®Planning appeal decision
Land at Basement and Ground Floor, 295 Caledonian Road, London, N1 1EG
Planning appeal 3310717 at Land at Basement and Ground Floor, 295 Caledonian Road, London, N1 1EG (London Borough of Islington) was allowed in part (a split decision) on 21 June 2024 by Inspector Blackwell J, following an inquiry. The main issue, as the Inspector framed it: Ground (d): whether the alleged change of use was immune from enforcement action by having taken place continuously for more than four years before the notice was issued.
Without planning permission, the change of use of the rear basement and part rear ground floor into a self-contained residential flat, the change of use of the front basement into a self-contained residential studio flat and alterations to the shopfront, together with the insertion of an external access door from the ground floor to the basement”
- Authority
- London Borough of Islington
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Blackwell J
- Postcode
- N1 1EG
Main issues, as the Inspector framed them
- Ground (d): whether the alleged change of use was immune from enforcement action by having taken place continuously for more than four years before the notice was issued
- Ground (f): whether the steps required by the notice exceed what is necessary to remedy the breach of planning control
- Ground (g): whether the period for compliance falls short of what should reasonably be allowed
What decided it
The appellant failed to discharge the evidential burden of proving, on the balance of probability, that the change of use to two self-contained flats had continued uninterrupted for at least four years before the enforcement notice was issued.
What the Inspector cited
- Judgments
- Gabbitas v SSE & Newham BC [1985] JPL 630; Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in London Borough of Islington
The authority’s record since 2016 · every decision in 2024
- Notice upheld23 September 20263364241First and Second Floors, 72 Prebend Street, Islington, London, N1 8PR
- Notice varied and upheld10 September 20263355155204 Blackstock Road , London, N5 1EN
- Dismissed12 February 2026333385376 Marlborough Road, London, N19 4NJ
- Notice varied and upheld22 January 20263351223234 Brecknock Road, London, N19 5BQ
- Split Decision12 August 2025332534611 Sekforde Street, Islington, London, EC1R 0HD
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.