Land at 16 And 18 Brampton Grove, London, NW4 4AG

Planning appeal 3268922 at Land at 16 And 18 Brampton Grove, London, NW4 4AG (London Borough of Barnet) was allowed in part (a split decision) on 3 August 2022 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served on all persons with an interest in the land (ground e).

Construction of netting surrounding a hardstanding with associated supporting poles and lights

Authority: London Borough of Barnet
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Rogers B
Postcode: NW4 4AG

Main issues, as the Inspector framed them

Whether the enforcement notice was properly served on all persons with an interest in the land (ground e)
Whether the alleged breach of planning control has occurred as a matter of fact (ground b)
Whether unauthorised development was carried out at no.18 Brampton Grove (ground c)
Whether the development was substantially complete before 4 January 2017 such that immunity from enforcement has been acquired (ground d)
Whether the requirements of the notice are necessary to remedy the breach (ground f)

What decided it

The appellants demonstrated on the balance of probability that the original 8 poles and netting were erected in 2015, acquiring immunity from enforcement, leaving only the 2 poles and lighting added in 2019 as the subject of the enforcement notice.

What the Inspector cited

Judgments: SSTLR v Wyatt Brothers(Oxford) Ltd and Oxfordshire CC [2001]

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.

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The decision letter

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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.