38 Abbey Road, Waltham Cross, Hertfordshire, EN8 7LQ

Planning appeal 3368212 at 38 Abbey Road, Waltham Cross, Hertfordshire, EN8 7LQ (Broxbourne Borough Council) was allowed in part (a split decision) on 25 November 2025 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were served as required by sections 172(2) and 172(3) of the 1990 Act (ground (e)).

Unauthorised material change of use of a detached garage to a single dwellinghouse (Appeal A) and of a single dwelling to two flats (Appeal B)

Authority: Broxbourne Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Minor Dwellings
Inspector: Boffin D
Postcode: EN8 7LQ

Main issues, as the Inspector framed them

Whether copies of the enforcement notice were served as required by sections 172(2) and 172(3) of the 1990 Act (ground (e))
Whether, at the date the notice was issued, no enforcement action could be taken because of the time limits in section 171B(2) of the 1990 Act (ground (d))
Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control (ground (f))
Whether the matters alleged in the enforcement notice occurred as a matter of fact (ground (b))
Whether, if they occurred, those matters constitute a breach of planning control (ground (c))

What decided it

The Inspector's factual finding as to when and how the manner of occupation changed the character of use of each building determined the outcome of each ground of appeal.

What the Inspector cited

National Planning Policy Framework: Paragraph 60
Judgments: SSLUHC v Caldwell & Timberstore [2024] EWCA Civ 467; Murfitt v SSE (1980) 40 P. & C.R. 254

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.

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The decision letter

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More decisions in Broxbourne

The authority’s record since 2016 · every decision in 2025

Quashed On Legal Grounds24 September 20263371758
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Split Decision3 August 20263367820
2 Church Lane, Broxbourne, EN10 6JT
Notice varied and upheld16 February 20263341791
13 College Road, Hoddesdon, Hertfordshire, EN11 9DN

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.