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Planning appeal decision

Dismissed27 November 20253350531

395 Montagu Road , London, England, N9 0HL

Planning appeal 3350531 at 395 Montagu Road , London, England, N9 0HL (London Borough of Enfield) was dismissed on 27 November 2025 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the subdivision of the second floor flat into two self-contained units occurred more than four years before the date of application and whether the two flats created were continuously occupied for a four year period to be immune from enforcement action.

Use of second floor flat as 2 self-contained units

Authority
London Borough of Enfield
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Braithwaite J
Postcode
N9 0HL

Main issues, as the Inspector framed them

  • Whether the subdivision of the second floor flat into two self-contained units occurred more than four years before the date of application and whether the two flats created were continuously occupied for a four year period to be immune from enforcement action

What decided it

The appellant failed to provide sufficient precise and unambiguous documentary evidence to demonstrate on the balance of probabilities that the two flats created by subdivision were continuously occupied for the required four year period.

The decision letter

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More decisions in London Borough of Enfield

The authority’s record since 2016 · every decision in 2025

  1. Notice varied and upheld4 June 20263336794
    Land on West Side of Burnt Farm Ride, Enfield, EN2 9DY
  2. Notice varied and upheld19 May 20263357359
    Land on the South Side of Southbury Road, Enfield, EN1 1NH
  3. Dismissed17 March 20266002727
    292-296 Firs Lane, London, N13 5QQ
  4. Notice varied and upheld16 March 20263352476
    78 Holmwood Road, Enfield, EN3 6QH
  5. Planning permission granted12 March 20263351250
    4 Broomfield Avenue, London, N13 4JN

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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