Planning appeal decision
Notice varied and upheld25 November 20253368212
38 Abbey Road, Waltham Cross, Hertfordshire, EN8 7LQ
- Authority
- Broxbourne Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Minor Dwellings
- Inspector
- Boffin D
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.
Framework references: 60
Judgments cited: SSLUHC v Caldwell & Timberstore [2024] EWCA Civ 467; Murfitt v SSE (1980) 40 P. & C.R. 254
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.
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