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Quashed On Legal Grounds6 April 20233260982

Land Adjacent to Romani, St Albans Road, South Mimms, Herfordshire, EN6 3PP

Planning appeal 3260982 at Land Adjacent to Romani, St Albans Road, South Mimms, Herfordshire, EN6 3PP (Hertsmere Borough Council) was decided (quashed on legal grounds) on 6 April 2023 by Inspector Lewis D, following an inquiry. The main issue, as the Inspector framed it: Whether the alleged use of the land for commercial purposes with associated storage of containers, plant and machinery has occurred as a matter of fact (ground (b)).

Without planning permission, the change of use of land for commercial purposes with associated fencing, installation of hardstanding and storage of containers, plants and machinery

Authority
Hertsmere Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Lewis D
Postcode
EN6 3PP

Main issues, as the Inspector framed them

  • Whether the alleged use of the land for commercial purposes with associated storage of containers, plant and machinery has occurred as a matter of fact (ground (b))

What decided it

The Inspector could not correct the enforcement notice's description of the breach under section 176(1) of the 1990 Act without causing injustice to the parties, rendering the notice invalid.

The decision letter

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More decisions in Hertsmere

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

  1. Notice varied and upheld22 July 20263372752
    15 Oddesey Road, Borehamwood, WD6 5HZ
  2. Planning permission granted21 July 20263375026
    10 Ark Avenue, Borehamwood, WD6 1GH
  3. Planning permission granted21 July 20263365768
    6 Ark Avenue, Borehamwood, WD6 1GH
  4. Notice varied and upheld21 July 20263365178
    12 Ark Avenue, Borehamwood, WD6 1GH
  5. Planning permission granted21 July 20263365107
    2 Ark Avenue, Borehamwood, WD6 1GH

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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