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Planning appeal decision

Quashed On Legal Grounds15 November 20243344092

11 Northfield Road, London, N16 5RL

Planning appeal 3344092 at 11 Northfield Road, London, N16 5RL (London Borough of Hackney) was decided (quashed on legal grounds) on 15 November 2024 by Inspector Moss J, following an inquiry. The main issue, as the Inspector framed it: 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).

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))

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
community-institutional · Change of use
Inspector
Moss J
Postcode
N16 5RL

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.

What the Inspector cited

Judgments
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

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.

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The decision letter

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More decisions in London Borough of Hackney

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld23 September 20263368635
    Flat 6, Brooks Lodge, 194A Hoxton Street, London, N1 5HU
  2. Notice varied and upheld18 September 20263360724
    2B Woodberry Down, Hackney, London, N4 2TG
  3. Dismissed14 May 20266003534
    212 Millfields Road, London, E5 0AR
  4. Notice upheld27 March 20263337600
    72 Powerscroft Road, Hackney, London, E5 0PP
  5. Notice upheld27 March 20263337599
    74 Powerscroft Road, Hackney, London, E5 0PP

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.

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