®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
- Written Representations
- Development
- residential · Change of use
- Inspector
- Savage M
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 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.