Case 3361951

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.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

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.

Page 1 · Chunk 1 Appeal Decision

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

Page 2 · Chunk 2 Appeal Decision

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.

Page 2 · Chunk 3 Appeal Decision

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.

Page 2 · Chunk 4 L Gardner

5 David Wildman Lane, LONDON, NW7 1FH — London Borough of Barnet — L Gardner INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

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

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 10 July 2025 under the Open Government Licence.