Developer agrees to pay £4m to Barnet after prolonged planning battle

A property developer has agreed to pay the London Borough of Barnet £4m after a lengthy planning enforcement battle.

Comer Group had been given planning permission in January 2004 for a building containing 64 luxury flats in the east wing of a former mental hospital.

But the developer went on to construct a building with 83 flats without planning permission. It also made unauthorised external alterations while it converted and extended the hospital.

The council’s planning department made requests to regularise the development and consider an application afresh. An enforcement notice was served on Comer Group in June 2009.

A public inquiry was held in May and June this year. The Planning Inspector granted permission this month for a building with 82 flats (one was deemed unsuitable for residential purposes), subject to planning conditions and the payment of a significant contribution.

The council had initially called for an £8.45m contribution but this was disputed by the developer. The £4m agreed contribution will be put towards affordable homes, schools and local community facilities in Barnet.

As part of the legal agreement, Comer Group will also carry out alterations to the building to keep it in character with its Grade II listed status. It will in addition pay the council’s costs arising out of the appeal hearings.

Cllr Richard Cornelius, cabinet member at Barnet for housing, planning and regeneration, said: “This was a difficult and unprecedented case, involving a huge amount of hard work by the council, which will see a significant benefit to the community.

“I am delighted that we stood firm and have finally reached a resolution which benefits not only the borough but the flat owners themselves who were in a difficult position of living in properties without planning permission. At long last they can live in their homes without this issue hanging over them.”