®Planning appeal decision
Land at 95 Sherrards Way, BARNET, EN5 2BP
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
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 main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.