®Planning appeal decision
Durants Park, Former Public Toilets Site, Hertford Road, Enfield, EN3 5JF
change of use of land from Sui Generis to Class E with catering van, timber framed canopy, and hardstanding (Retrospective)
- Authority
- London Borough of Enfield
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- leisure-sport · Change of use
- Inspector
- Caines A
Main issues, as the Inspector framed them
- whether the proposal is inappropriate development on Metropolitan Open Land (MOL) and its effect on MOL openness
- the effect on the significance of the Grade II listed Church of St James and locally listed heritage assets, including Hertford Road Cemetery and Durants Park, through development within their settings
- the effect on trees protected by a Tree Preservation Order (TPO)
- the effect on the living conditions of nearby residents and neighbouring land users with particular regard to noise and odour
- the effect on the vitality and viability of the Enfield Highway Local Centre, having regard to the town-centre first approach and sequential policies
- whether the scheme secures Biodiversity Net Gain (BNG) or is otherwise exempt from the requirement
- if the development is inappropriate, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development
What decided it
The development constitutes inappropriate development on Metropolitan Open Land with no very special circumstances to justify it, compounded by harm to heritage assets, protected trees, living conditions, town centre vitality, and biodiversity.
Framework references: 154, 215, 216
Plan policies cited: London Plan 2021 Policy G3, London Plan 2021 Policy G7, London Plan 2021 Policy G6, London Plan 2021 Policy D13, London Plan 2021 Policy D14, London Plan 2021 Policy SD6, London Plan 2021 Policy SD7, Enfield Core Strategy 2010 Policy CP31, Enfield Core Strategy 2010 Policy CP30, Enfield Core Strategy 2010 Policy CP32, Enfield Core Strategy 2010 Policy CP17, Enfield Core Strategy 2010 Policy CP18, Enfield Core Strategy 2010 Policy CP36, Enfield Development Management Document 2014 Policy 44, Enfield Development Management Document 2014 Policy 37, Enfield Development Management Document 2014 Policy 80, Enfield Development Management Document 2014 Policy 68, Enfield Development Management Document 2014 Policy 25, Enfield Development Management Document 2014 Policy 32, Enfield Development Management Document 2014 Policy 79
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.