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Allowed15 August 20223274225

61 Blessbury Road, Edgware, HA8 0SU

Planning appeal 3274225 at 61 Blessbury Road, Edgware, HA8 0SU (London Borough of Barnet) was allowed on 15 August 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the proposed outbuilding would constitute permitted development under Class E.(a) of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 2015, as a building incidental to the enjoyment of the dwellinghouse.

Erection of a rear outbuilding for use as a gym and storage room (Appeal A: 61.34m²) / Erection of a rear outbuilding with flat roof and 4 roof lights for use as a gym, office/storage (Appeal B: 41m²)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Whalley J
Postcode
HA8 0SU

Main issues, as the Inspector framed them

  • Whether the proposed outbuilding would constitute permitted development under Class E.(a) of Schedule 2, Part 1 of the Town and Country Planning (General Permitted Development) Order 2015, as a building incidental to the enjoyment of the dwellinghouse

What decided it

The size and scale of the proposed outbuilding in relation to the main dwellinghouse determined whether it could be considered incidental and subordinate to the enjoyment of the house: Appeal A's 61.34m² was excessive and failed the test; Appeal B's 41m² was proportionate and met the test.

What the Inspector cited

Judgments
Emin v Secretary of State for the Environment and Mid-Sussex County Council QBD 1989 58 P&CR; LB Croydon v Gladden [1994] 1 PLR 2; Holding v FSS & Thurrock BC [2004] JPL 1405; Peche D'or Investments v SSE [1996] JPL 311; Rambridge v SSE & East Herts DC [1996] QBD; Wallington v SSW & Montgomeryshire DC [1990] JPL 112; [1991] JPL 942; Holding v First Secretary of State [2003] EWHC 3138 (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

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More decisions in London Borough of Barnet

The authority’s record since 2016 · every decision in 2022

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  4. Notice varied and upheld27 August 20263361348
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  5. Notice upheld26 August 20263376088
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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.

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