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

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

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.

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