®Planning appeal decision
Land at Rear of 14 Hadley Highstone, Barnet, Herts, EN5 4PU
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
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).
Judgments cited: 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)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.