15 Lynford Gardens, EDGWARE, HA8 8TX

Without planning permission, the making of a material change of use of the outbuilding to the rear to use as a commercial office

Authority: London Borough of Barnet
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: employment-industrial · Householder developments
Inspector: Griffin E

Main issues, as the Inspector framed them

Whether the matter alleged in the notice has occurred as a matter of fact (ground b)
Whether the matter alleged represents a breach of planning control, specifically whether the office use is incidental to the residential use or constitutes a material change of use to a primary commercial use (ground c)

What decided it

The commercial office use does not amount to a primary use in its own right within the single planning unit comprising the dwelling, garden and outbuilding, and therefore no material change of use to a commercial office has occurred as a matter of fact.

Judgments cited: Burdle

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