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Quashed On Legal Grounds1 March 20233259714

Land Rear of 40 Manor Road, Potters Bar, Hertfordshire, EN6 1DQ

Planning appeal 3259714 at Land Rear of 40 Manor Road, Potters Bar, Hertfordshire, EN6 1DQ (Hertsmere Borough Council) was decided (quashed on legal grounds) on 1 March 2023 by Inspector Bond V, by written representations. The main issue, as the Inspector framed it: Whether the use of the appeal site is for purposes incidental to the enjoyment of the dwellinghouse.

Without planning permission, the material change of use of land from nil use to commercial use as well as the erection of buildings and installation of hard surfacing

Authority
Hertsmere Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Bond V
Postcode
EN6 1DQ

Main issues, as the Inspector framed them

  • Whether the use of the appeal site is for purposes incidental to the enjoyment of the dwellinghouse
  • Whether a separate planning unit has been created and whether the primary use is commercial

What decided it

The appeal succeeded on ground (b) because the enforcement notice's allegation of a material change of use to primary commercial use was not established on the evidence, as the appeal site appeared to be in mixed primary residential and commercial use rather than primary commercial use alone.

The decision letter

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More decisions in Hertsmere

The authority’s record since 2016 · every decision in 2023

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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.

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