Land at 95 Sherrards Way, Barnet, EN5 2BP

Planning appeal 3297808 at Land at 95 Sherrards Way, Barnet, EN5 2BP (London Borough of Barnet) was allowed in part (a split decision) on 4 October 2023 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Appeal A: Whether the enforcement notice is valid and sufficiently clear in specifying the alleged breaches of planning control and 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: Written Representations
Development: residential · Change of use
Inspector: Savage M
Postcode: EN5 2BP

Main issues, as the Inspector framed them

Appeal A: Whether the enforcement notice is valid and sufficiently clear in specifying the alleged breaches of planning control and steps required for compliance.
Appeal B: Whether the material change of use of the property to a C4 HMO has occurred, and whether the enforcement notice was properly served.

What decided it

Appeal A: The enforcement notice contained cumulative errors and omissions so significant as to render it invalid beyond correction, particularly the failure to allege roof extensions while requiring their demolition and the complete omission of reasons for enforcement action against the outbuilding. Appeal B: The appellant failed to discharge the burden of proof to show the material change of use had not occurred, given the HMO licence, enforcement officer observations, and property layout typical of HMO use.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

538 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in London Borough of Barnet

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

Notice varied and upheld29 September 20263359644
35 Hillview Gardens, London, NW4 2JJ
Notice upheld28 August 20263361601
53 Essex Park, London, N3 1ND
Notice varied and upheld27 August 20263361348
27 Dale Grove, London, N12 8EE
Notice upheld26 August 20263376088
48 Oldberry Road, Edgware, HA8 9DB
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.