Land at Rear of 14 Hadley Highstone, Barnet, Herts, EN5 4PU

Planning appeal 3264986 at Land at Rear of 14 Hadley Highstone, Barnet, Herts, EN5 4PU (London Borough of Barnet) was dismissed on 15 September 2021 by Inspector Walker A, following a hearing. The main issue, as the Inspector framed it: Ground (e): whether copies of the enforcement notice were served as required by s172 of the Act.

without planning permission, the making of a material change of use of the land to use for storage (including of a portable cabin, car components and waste materials)

Authority: London Borough of Barnet
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: other · Change of use
Inspector: Walker A
Postcode: EN5 4PU

Main issues, as the Inspector framed them

Ground (e): whether copies of the enforcement notice were served as required by s172 of the Act
Ground (b): whether the matters alleged in the notice have occurred
Hidden ground (c): whether the use of the land for storage amounts to a material change of use requiring planning permission
Ground (d): whether at the date the notice was issued no enforcement action could be taken by reason of the 10-year immunity period

What decided it

The appellant failed to discharge the burden of proof under grounds (b), (c) and (d), and no substantial prejudice arose from the late service of the notice under ground (e).

What the Inspector cited

Judgments: Edwick v Sunbury on Thames UDC [1964] 63 LGR 204; Biddle v SSE & Wychavon DC [1999] 4 PLR 31; R v Wicks [1997] JPL 1049; Mayes v SoS for Wales [1989] JPL 848; Crawley Borough Council v. Hickmet Limited [1998] 75 P.& C.R 500; Jarmain v SSETR & Welwyn Hatfield DC [2000] EWCA Civ 126; Fidler v FSS & Reigate and Banstead BC [2003] EWHC 2003 (Admin)

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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

255 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in London Borough of Barnet

The authority’s record since 2016 · every decision in 2021

Notice varied and upheld29 September 20263359644
35 Hillview Gardens, London, NW4 2JJ
Notice upheld28 August 20263361601
53 Essex Park, London, N3 1ND
Notice varied and upheld27 August 20263361348
27 Dale Grove, London, N12 8EE
Notice upheld26 August 20263376088
48 Oldberry Road, Edgware, HA8 9DB
Notice upheld18 August 20263337532
140A Sydney Road, London, N10 2RN

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.