House D, Land Rear of 18 Maxwelton Close, London , NW7 3NA

Variation of condition 1 (Approved plans) pursuant to planning permission 18/1077/FUL dated 22/06/2018 for 'Erection of 4no. dwellinghouses with associated parking, access, cycle storage, and refuse and recycling store.' Amendments include alterations and extension to roofs including heightening, and addition of side dormer windows and rooflights”. Summary

Authority: London Borough of Barnet
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Minor Dwellings
Inspector: Blackwell J

Main issues, as the Inspector framed them

the effect of the development on the character and appearance of the host properties and the surrounding area
the effect of the development on the living conditions of future and neighbouring occupiers of the development, with particular regard to privacy and outlook

What decided it

The finding that the 2018 Permission had been implemented and remained an extant fallback, combined with the conclusion that the as-built houses caused no harm to character, appearance or living conditions, led to the grant of planning permission under Appeal E, which in turn determined the enforcement appeals.

Plan policies cited: Policy DM01, Policy CS5, Policy D1, Policy D3, Policy D5

Judgments cited: Commercial Land Ltd v The Secretary of State for Transport, Local Government and the Regions and The Royal Borough of Kensington and Chelsea [2002] EWHC 1264 (Admin); [2003] JPL 358; Hillside Parks Ltd v Snowdonia National Parks Authority [2022] UKSC 30

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.