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Planning appeal decision

Allowed20 December 20213280001

118 Colin Gardens, London, NW9 6ER

Planning appeal 3280001 at 118 Colin Gardens, London, NW9 6ER (London Borough of Barnet) was allowed on 20 December 2021 by Inspector Wharton T, by written representations. The main issue, as the Inspector framed it: whether the appellant has demonstrated, on the balance of probability, that the proposal would be for a use which is incidental to the use of the dwellinghouse at 118 Colin Gardens.

an extension to an existing rear outbuilding

Authority
London Borough of Barnet
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Wharton T
Postcode
NW9 6ER

Main issues, as the Inspector framed them

  • whether the appellant has demonstrated, on the balance of probability, that the proposal would be for a use which is incidental to the use of the dwellinghouse at 118 Colin Gardens

What decided it

The proposed outbuilding, comprising garden storage and a domestic gym, constitutes uses that are genuinely subordinate and reasonably incidental to the enjoyment of the dwellinghouse, and thus falls within permitted development Class E Part 1 of the GPDO 2015.

What the Inspector cited

Judgments
Emin v SSE & Mid Sussex DC [1989] JPL 909

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 2021

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  3. Notice upheld28 August 20263361601
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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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