®Planning appeal decision
11 Northfield Road, LONDON, N16 5RL
Without planning permission the material change of use of the first floor and attic floor of the Property to a place of public worship or religious instruction (use class F1 (f))
- Authority
- London Borough of Hackney
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- community-institutional · Change of use
- Inspector
- Moss J
Main issues, as the Inspector framed them
- Whether or not a previous enforcement notice prevents my consideration of the ground (d) appeal and, therefore, any success for the appellant on ground (d)
- If not, whether the use of the first floor of the Property as a place of public worship and religious instruction has been continuous for a period of ten years beginning with the date of the breach
What decided it
The appellant established, on the balance of probability, that the use of the first floor as a place of public worship and religious instruction had been continuous since 2012, more than ten years before the notice was issued, rendering the use immune from enforcement.
Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Buckinghamshire County Council v North West Estates PLC (and Others) [2002] EWHC 1088; Jennings v Secretary of State for the Environment [1982] 1 QB 541
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.