®Planning appeal decision
Flat 4, The Spinney, 22 Hendon Wood Lane, London, NW7 4HR
Planning appeal 3314429 at Flat 4, The Spinney, 22 Hendon Wood Lane, London, NW7 4HR (London Borough of Barnet) was allowed in part (a split decision) on 11 June 2024 by Inspector Lewis D, following an inquiry. The main issue, as the Inspector framed it: Whether the material change of use is inappropriate development in the Green Belt. In the event inappropriate development has taken place, whether the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations to provide the very special circumstances to justify the development.
Material change of use of Flat 4 to use as a dwellinghouse (as corrected; originally also alleged construction of a single storey building incidental to the change of use)
- Authority
- London Borough of Barnet
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Lewis D
- Postcode
- NW7 4HR
Main issues, as the Inspector framed them
- Whether the material change of use is inappropriate development in the Green Belt. In the event inappropriate development has taken place, whether the harm by reason of inappropriateness and any other harm is clearly outweighed by other considerations to provide the very special circumstances to justify the development.
- Whether the dwellinghouse provides a high standard of amenity for existing and future users, taking into account the amount and quality of internal space and the standard of private outside amenity space.
What decided it
The dwelling's substandard internal floor space and poor quality private amenity space, contrary to Policy D6 of the London Plan and Policy DM02 of the Barnet Local Plan, outweighed the absence of Green Belt harm and other benefits.
The absence of Green Belt harm and other benefits (previously developed land, minor economic and social benefits, Article 8 rights of occupiers) were outweighed by the harm from substandard living conditions and the resulting conflict with the development plan as a whole, tipping the balance against the development.
What the Inspector cited
- Development plan policies
- Policy DM15Policy D6Policy DM02
- National Planning Policy Framework
- Paragraph 155
- Judgments
- Secretary of State for Levelling Up, Housing and Communities v Caldwell [2024] EWCA Civ 647; Fidler v Secretary of State and Reigate and Banstead Borough Council [2004] EWCA Civ 1295; Barrington case 1997
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.