7 Courtleigh Gardens, LONDON, NW11 9JX

without planning permission the making of a material change of use of land to the rear of 7 Courtleigh Gardens to use as 2 dwellinghouses

Authority: London Borough of Barnet
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Franks Z

Main issues, as the Inspector framed them

Whether the matters stated in the enforcement notice have occurred
Whether at the date the notice was issued, enforcement action could be taken
Whether the steps required by the notice exceed what is necessary to remedy the breach
Whether the period for compliance should be extended

What decided it

The appellant failed to prove on the balance of probabilities that the outbuilding was used ancillarily to the main house prior to its use as two separate dwellinghouses, and the fencing and access arrangements created a new planning unit with a material change of use within the 10-year enforcement period.

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