®Planning appeal decision
Land at Basement and Ground Floor, 295 Caledonian Road, LONDON, N1 1EG
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
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.
Judgments cited: 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
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.