®Planning appeal decision
Land Adjacent to Romani St. Albans Road, South Mimms, Potters Bar, Hertfordshire, EN6 3PP
Planning appeal 3333857 at Land Adjacent to Romani St. Albans Road, South Mimms, Potters Bar, Hertfordshire, EN6 3PP (Hertsmere Borough Council) was allowed in part (a split decision) on 8 August 2024 by Inspector Hand S, following an inquiry. The main issue, as the Inspector framed it: Whether the use benefits from immunity from enforcement under ground (d).
the material change of use of the land to a construction contractors depot for uses including the storage of building materials, the parking and storage of plant, machinery and vehicles, the siting of containers for the storage of tools and equipment, the operation of plant and equipment to load and unload vehicles, the siting of a portable cabin in use for office purposes, the maintenance of vehicles together with the erection of associated fencing and the laying of hardstanding
- Authority
- Hertsmere Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Hand S
- Postcode
- EN6 3PP
Main issues, as the Inspector framed them
- Whether the use benefits from immunity from enforcement under ground (d)
- Whether the frontage fence benefits from permitted development rights under ground (c)
- Whether a temporary planning permission should be granted under ground (a)
- Whether the hardstanding is immune from enforcement under ground (f)
- Whether the compliance period should be extended under ground (g)
What decided it
The Inspector concluded that the previous lawful use of the site had been abandoned through prolonged non-use and dereliction, meaning the appellant's contractor's depot use could not rely on any prior lawful use or immunity, and its serious harm to Green Belt openness was not outweighed by the claimed economic benefits.
The potential loss of some 50 jobs did not outweigh the serious harm to the Green Belt and to neighbours' amenities, so a temporary planning permission was refused.
What the Inspector cited
- Judgments
- Hartley v MHLG [1970] 2 WLR 1; Trustees of Castell-Y-Mynach Estate v SSW [1985] JPL 40; Murfitt principle
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.