Land at 95 Sherrards Way, Barnet, EN5 2BP

Planning appeal 3296688 at Land at 95 Sherrards Way, Barnet, EN5 2BP (London Borough of Barnet) was decided (quashed on legal grounds) on 4 October 2023 by Inspector Savage M, following a hearing. The main issue, as the Inspector framed it: Whether the enforcement notice (Appeal A) specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance.

without planning permission, the construction of a rear canopy (as edged in red), the creation of a raised platform (as edged in blue), and associated fencing in the area between the far end of the garage and the extension (including the rear dormer canopy) and construction of an outbuilding at the rear of the garden

Authority: London Borough of Barnet
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Householder developments
Inspector: Savage M
Postcode: EN5 2BP

Main issues, as the Inspector framed them

Whether the enforcement notice (Appeal A) specifies with sufficient clarity the alleged breach of planning control and the steps required for compliance
Whether the enforcement notice (Appeal B) was served as required by section 172 of the Act (ground (e))
Whether the matters alleged in the notice (Appeal B) have occurred (ground (b))

What decided it

Appeal A turned on the cumulative procedural defects in the enforcement notice being incapable of correction without injustice, while Appeal B turned on the appellant's failure to discharge the burden of proof under ground (b) that the alleged material change of use to a C4 HMO had not occurred.

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.