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Planning appeal decision

Dismissed5 August 20223275269

4 Markham Close, Borehamwood, WD6 4PQ

Planning appeal 3275269 at 4 Markham Close, Borehamwood, WD6 4PQ (Hertsmere Borough Council) was dismissed on 5 August 2022 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant has shown that planning permission is granted for the proposal by Article 3, Schedule 2, Part 1, Class B and Class C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

a loft conversion with rear dormer and front skylights

Authority
Hertsmere Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hawkins S
Postcode
WD6 4PQ

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant has shown that planning permission is granted for the proposal by Article 3, Schedule 2, Part 1, Class B and Class C of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

What decided it

Condition 11 attached to the original 1998 planning permission restricts roof alterations and extensions without express planning permission, and this restriction continues to apply to the GPDO and prevents the proposed development from being permitted development.

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.

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