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Notice varied and upheld25 November 20253368366

38 Abbey Road, Waltham Cross, EN8 7LQ

Planning appeal 3368366 at 38 Abbey Road, Waltham Cross, 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: The ground (e) appeal – Appeal A: whether copies of the EN were served as required by sections 172(2) and 172(3) of the 1990 Act.

Appeal A: material change of use of a detached garage to a single dwellinghouse; Appeal B: material change of use of a single dwelling into two flats

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

  • The ground (e) appeal – Appeal A: whether copies of the EN were served as required by sections 172(2) and 172(3) of the 1990 Act
  • The ground (d) appeal – Appeal A: whether, at the date the notice was issued, no enforcement action could be taken in respect of the breach
  • The ground (f) appeal – Appeal A: whether the steps required by the EN exceed what is necessary to remedy the breach of planning control
  • The ground (b) and (c) appeals – Appeal B: whether the allegation has occurred as a matter of fact and whether those matters constitute a breach of planning control

What decided it

The decisive factor in both appeals was the Inspector's factual finding, on the balance of probability, as to when and whether a material change of use to a separate dwelling/dwellings had occurred, which determined immunity (Appeal A) and breach (Appeal B).

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.

See how each was applied

The decision letter

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More decisions in Broxbourne

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

  1. Quashed On Legal Grounds24 September 20263371758
    32 High Road, Wormley, Hertfordshire, EN10 6LE
  2. Quashed On Legal Grounds22 September 20263374736
    8 Great Groves, Goffs Oak, Hertfordshire, EN7 6SX
  3. Notice varied and upheld1 September 20263378144
    Land Adjacent to Darcy's Place, Little Broomfield, Church Lane, Wormley, EN10 7QF
  4. Split Decision3 August 20263367820
    2 Church Lane, Broxbourne, EN10 6JT
  5. 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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.