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Planning appeal decision

Notice varied and upheld17 November 20223289212

51 Hartland Drive, Edgware, HA8 8RJ

Planning appeal 3289212 at 51 Hartland Drive, Edgware, HA8 8RJ (London Borough of Barnet) was allowed in part (a split decision) on 17 November 2022 by Inspector Steen A, by written representations. The main issue, as the Inspector framed it: Whether the raised patio, steps, boundary walls and walled and roofed structure constitute a breach of planning control.

without planning permission, the creation of a raised patio, associated steps, associated boundary walls incorporating a walled and roofed structure to the rear of the property

Authority
London Borough of Barnet
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Steen A
Postcode
HA8 8RJ

Main issues, as the Inspector framed them

  • Whether the raised patio, steps, boundary walls and walled and roofed structure constitute a breach of planning control
  • Whether the development had become lawful through the passage of time
  • Whether the period specified in the enforcement notice for compliance is reasonable

What decided it

The raised patio was a new structure substantially completed in 2021, not a continuation of the earlier decking, and therefore required planning permission which was not obtained; the four-year period for lawfulness had not elapsed at the date of the enforcement notice.

The decision letter

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More decisions in London Borough of Barnet

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

  1. Notice varied and upheld29 September 20263359644
    35 Hillview Gardens, London, NW4 2JJ
  2. Notice upheld28 August 20263361601
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  3. Notice varied and upheld27 August 20263361348
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  4. Notice upheld26 August 20263376088
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  5. Notice upheld18 August 20263337532
    140A Sydney Road, London, N10 2RN

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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