®Planning appeal decision
37 Monkfrith Way, London, N14 5LX
Planning appeal 3258237 at 37 Monkfrith Way, London, N14 5LX (London Borough of Barnet) was dismissed on 23 June 2021 by Inspector Renaudon L, by written representations. The main issue, as the Inspector framed it: Whether the appellant can show, on the balance of probability, that the matters alleged in the enforcement notice have not occurred (ground (b)).
Without planning permission, the material change of use of the property to a mixed use of residential dwelling and health clinic/therapy room
- Authority
- London Borough of Barnet
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- community-institutional · Change of use
- Inspector
- Renaudon L
- Postcode
- N14 5LX
Main issues, as the Inspector framed them
- Whether the appellant can show, on the balance of probability, that the matters alleged in the enforcement notice have not occurred (ground (b))
- Whether planning permission should be granted for the alleged breach, having regard to the effects on the residential character of the local area and the living conditions of neighbouring residents, particularly noise, disturbance, congestion, parking and disruption (ground (a))
What decided it
The employment of a receptionist at the property and the significant off-site effects (parking, visitor numbers, and noise from TMS machinery) demonstrated a material change of use incompatible with residential character and harmful to neighbouring amenity, contrary to the development plan.
The appellant's provision of a valuable community service was outweighed by the material harm to residential amenity, character and the breach of development plan policies; the business could be relocated to more suitable premises.
What the Inspector cited
- Development plan policies
- Policy DM13: Community and Education UsesPolicy DM04Policy DM01Policy CS9Policy CS13Policy CS5
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.