®Planning appeal decision
267 Eversholt Street, LONDON, NW1 1BA
Without planning permission: Material change of use of the Property from mixed use consisting of 3 flats (Use Class C3 residential use) and 1 commercial unit (Class E) unit to 15 units of temporary sleeping accommodation (Use Class C1 Hotels) on the ground, first, second, third, fourth and fifth floors, with ancillary concierge/office space on the ground floor
- Authority
- London Borough of Camden
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- leisure-sport · Change of use
- Inspector
- Lewis D
Main issues, as the Inspector framed them
- Whether, on the balance of probabilities, the matters stated in the notice (a material change of use to 15 units of temporary sleeping accommodation with ancillary concierge/office space) have occurred (ground (b))
- Whether the requirements of the notice are excessive to achieve its purpose (ground (f))
- Whether the three month period of compliance is reasonable (ground (g))
What decided it
The appellant failed to discharge the burden of proof that the alleged material change of use to temporary sleeping accommodation had not occurred, given the Council's photographic, marketing and review evidence.
The disruption to tenants needing to find alternative accommodation and undertake extensive reinstatement works was balanced against the importance of effective enforcement to maintain public confidence in the planning system, resulting in an extension of the compliance period from three to nine months rather than the twelve months sought by the appellant.
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.