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Planning appeal decision

Notice varied and upheld1 June 20233294992

Land at Ludlow House, 15 Orchid Close, Goffs Oak, Waltham Cross, EN7 5NF

Planning appeal 3294992 at Land at Ludlow House, 15 Orchid Close, Goffs Oak, Waltham Cross, EN7 5NF (Broxbourne Borough Council) was allowed in part (a split decision) on 1 June 2023 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: Whether the use of the unit above the garage as a self-contained residential unit began more than four years before the enforcement notice was issued (ground d).

without planning permission, the unauthorised change in use of the detached garage, shown hatched black on the plan attached to the notice, to a separate, self-contained unit of residential accommodation

Authority
Broxbourne Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Fleming D
Postcode
EN7 5NF

Main issues, as the Inspector framed them

  • Whether the use of the unit above the garage as a self-contained residential unit began more than four years before the enforcement notice was issued (ground d)
  • Whether the time given to comply with the requirements of the enforcement notice is too short (ground g)

What decided it

The appellant's evidence was insufficiently precise and unambiguous to demonstrate that the self-contained residential use began more than four years before the enforcement notice was issued and continued without material interruption.

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More decisions in Broxbourne

The authority’s record since 2016 · every decision in 2023

  1. Quashed On Legal Grounds24 September 20263371758
    32 High Road, Wormley, Hertfordshire, EN10 6LE
  2. Quashed On Legal Grounds22 September 20263374736
    8 Great Groves, Goffs Oak, Hertfordshire, EN7 6SX
  3. Notice varied and upheld1 September 20263378144
    Land Adjacent to Darcy's Place, Little Broomfield, Church Lane, Wormley, EN10 7QF
  4. Split Decision3 August 20263367820
    2 Church Lane, Broxbourne, EN10 6JT
  5. Notice varied and upheld16 February 20263341791
    13 College Road, Hoddesdon, Hertfordshire, EN11 9DN

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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