®Planning appeal decision
45 Holdenhurst Avenue, LONDON, N12 0JA
Without planning permission, the making of a material change of use of the building to use as a House in Multiple Occupation (sui generis)
- Authority
- London Borough of Barnet
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Griffin E
Main issues, as the Inspector framed them
- Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (ground (f))
- Whether the period for compliance with the notice is reasonable (ground (g))
What decided it
The fixtures required to be removed were integral to and solely for the purpose of facilitating the unauthorised HMO use, and therefore their removal was necessary to remedy the breach of planning control.
The public interest in securing compliance with the enforcement notice was balanced against the impact on tenants losing their homes, resulting in a modest extension of the compliance period for removal of facilities from 6 to 7 months.
Judgments cited: Murfitt v SSE [1980] JPL 598
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.