1 Halliwick Road, LONDON, N10 1AA

described as a garden room in the rear garden

Authority: London Borough of Barnet
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Fleming D

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded

What decided it

The garden room as a whole could not be considered incidental to the enjoyment of the dwelling because the family room component constituted primary living accommodation (a lounge) which could reasonably be accommodated within the main house, and the building must be entirely incidental to qualify as permitted development.

Judgments cited: Emin v SSE & Mid Sussex DC [1989] EGCS 16

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