5 David Wildman Lane, LONDON, NW7 1FH
London Borough of Barnet — appeal allowed
- Outcome
- Allowed
- Decision date
- 10 July 2025
- Authority
- London Borough of Barnet
- Inspector
- Gardner L
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Householder developments
- Appellant
- Mr and Mrs . Gaba
- LPA reference
- 24/3672/HSE
- ONS LPA code
- E09000003
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 8 April 2025
Summary AI
The appeal was allowed due to the proposal's compliance with relevant policies and the lack of material impact on parking provision. Planning permission was granted for a single storey side and rear extension with 3no. rooflights.
PDF text
5 David Wildman Lane, LONDON, NW7 1FH — London Borough of Barnet — Appeal Decision Site visit made on 11 June 2025 by L Gardner MRTPI an Inspector appointed by the Secretary of State Decision date: 10 July 2025 Appeal Ref: APP/N5090/W/25/3361951 5 David Wildman Lane, Mill Hill, Barnet, London NW7 1FH • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a failure to give notice within the prescribed period of a decision on an application for planning permission. • The appeal is made by Mr and Mrs Gaba against the Council of the London Borough of Barnet. • The application ref is 24/3672/HSE. • The development proposed is single storey side and rear extension with 3no. rooflights. Decision 1. The appeal is allowed and planning permission is granted for a single storey side and rear extension with 3no. rooflights at 5 David Wildman Lane, Mill Hill, Barnet, London NW7 1FH in accordance with the terms of the application, ref 24/3672/HSE, subject to the following conditions: 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out in accordance with drawing nos PA-001, PA-002, PA-003, PA-004, PA-005, PA-006, and PA- 007.
5 David Wildman Lane, LONDON, NW7 1FH — London Borough of Barnet — Appeal Decision 3) The external materials of the extension hereby permitted shall match those used in the existing dwelling. Application for Costs 2. An application for costs was made by Mr and Mrs Gaba against the Council of the London Borough of Barnet. This is the subject of a separate decision. Procedural Matter 3. The appeal is made against the failure of the Council to reach a decision on the application within the relevant statutory timeframe. The Council have provided their reasoning for the delay in the determination which related in part to consideration regarding the effect of the proposal on car parking provision. However, the Council have confirmed at appeal that had it been in a position to do so it would have approved the application. There are therefore no matters of dispute between the parties. Main Issue 4. In light of the information confirming that the Council would have approved the proposal, the main issue is whether there are other considerations that might indicate that the proposal would not be acceptable. https://www.gov.uk/planning-inspectorate
5 David Wildman Lane, LONDON, NW7 1FH — London Borough of Barnet — Appeal Decision Appeal Decision APP/N5090/W/25/3361951 Reasons 5. The Council have confirmed that the relevant policies from the Barnet Local Plan (BLP) (2025) are CDH01, CDH05 and TRC03. Policy CDH01 of the BLP requires, amongst other matters, for all development to be of a high-quality design. Policy CDH05 of the BLP is specifically relevant to extensions, stating that the Council will support proposals for extensions to buildings subject to a number of criteria. These include that they complement the character of the existing building and maintain an acceptable outlook and adequate spacing between any surrounding buildings. Policy TRC03 of the BLP relates to parking management setting maximum standards for parking. 6. I understand that the Council were initially concerned that the proposal would occupy part of the existing hardstanding available for parking. However, I observed during my site visit that the driveway would retain enough space for the off-street parking of one vehicle and therefore the proposal would not have a material impact on parking provision. 7. I have identified no considerations which would indicate that the proposal would not be acceptable. It would comply with Policies CDH01, CDH05 and TRC03 of the BLP.
5 David Wildman Lane, LONDON, NW7 1FH — London Borough of Barnet — Appeal Decision Conditions 8. I have imposed a condition specifying the relevant drawings to provide certainty for all parties. A condition is also necessary for materials to match those used on the existing house to maintain the character and appearance of the area. Conclusion 9. For the reasons given above, having regard to the development plan, I conclude the appeal is allowed and planning permission is granted.
5 David Wildman Lane, LONDON, NW7 1FH — London Borough of Barnet — L Gardner INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Parking Against appellant ¶7
The inspector observed that the driveway would retain enough space for off-street parking of one vehicle, and the proposal would not have a material impact on parking provision.
Conditions For appellant ¶8
A condition was imposed to specify relevant drawings for certainty, and another to ensure materials match those used on the existing house.
Heritage impact Neutral
The inspector noted that the proposal would comply with Policies CDH01, CDH05, and TRC03 of the Barnet Local Plan.
Policies relied on
| Reference | Weight |
|---|---|
| CDH01 |
Substantial |
| CDH05 |
Substantial |
| TRC03 |
Substantial |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 10 July 2025 under the Open Government Licence.