Enforcement Appeal Allowed - Planning Permission Granted at Hill Rise, Hertsmere
A successful appeal resulting in the enforcement notice being quashed and planning permission granted by the Planning Inspectorate
Appeal allowed, enforcement notice quashed and planning permission granted under section 177(5) of the 1990 Act by the Planning Inspectorate under appeal reference APP/N1920/C/24/3352268.
Project Overview
Following the submission of an enforcement appeal, planning permission has now been granted for a single-storey rear extension and patio at a residential property in Hertsmere.
The appeal was allowed by the Planning Inspectorate, resulting in the enforcement notice being quashed and planning permission granted for the development already carried out.
This outcome builds upon a wider planning strategy implemented for the site, which combined permitted development, lawful fallback and a coordinated application approach.
The Enforcement Appeal
An enforcement notice had been issued by the local authority in relation to the construction of a single-storey rear extension and associated patio.
The notice required:
Removal of the rear extension
Removal or reduction of the patio
Reinstatement of the site
An appeal was submitted under ground (a), meaning that the case was assessed on whether planning permission should be granted for the development.
As part of this process, a deemed planning application is considered by the Planning Inspectorate.
Inspector’s Decision
The Planning Inspectorate allowed the appeal and concluded that:
The enforcement notice should be quashed
Planning permission should be granted for the development
This represents a full resolution of the enforcement matter through the planning system, with the development assessed on its planning merits and found to be acceptable.
Key Planning Considerations
The Inspector’s assessment focused on two primary issues:
Character and Appearance
The Council had raised concerns regarding the depth and scale of the rear extension.
However, the Inspector found that:
The surrounding area already features a pattern of rear extensions and outbuildings
The development sits within an established context of extended built form
The extension does not appear out of keeping or harmful to the character of the area
As such, the proposal was considered to comply with relevant local planning policies relating to design and scale.
Impact on Neighbouring Amenity
Concerns had also been raised in relation to the rear patio and potential overlooking.
The Inspector concluded that:
Boundary treatments, including fencing and mature planting, significantly restrict views
The patio functions as a transitional space rather than an elevated viewing platform
There is no unacceptable impact on neighbouring privacy
The development was therefore considered acceptable in terms of residential amenity.
Outcome
The appeal decision results in:
The enforcement notice being quashed in full
Planning permission being granted for the development
The planning position of the site being formally regularised
This provides clarity and certainty for the property, with the development now benefiting from full planning consent.
Planning Strategy in Context
This appeal outcome reflects a broader, structured planning strategy applied to the site.
As outlined in our previous post, the approach included:
Establishing fallback through permitted development
Securing a Certificate of Lawful Development
Coordinating planning applications to support the overall position
The appeal decision provides independent confirmation that the development is acceptable when assessed against planning policy and its surrounding context.
Why This Matters
Appeals of this nature are assessed independently by the Planning Inspectorate and provide a clear test of the planning merits of a scheme.
This case demonstrates that:
Where a development is supported by a clear strategy and understanding of policy, a positive outcome can be achieved even where enforcement action has been taken.
Enforcement & Planning Strategy
Projects involving enforcement action require a considered and structured approach.
At MSK Design, we regularly advise on:
Enforcement notices and appeals
Lawful development certificates
Permitted development strategy
Planning applications supported by fallback positions
This project is a strong example of how a coordinated planning approach can resolve complex situations and secure a positive outcome.
Considering a Similar Project?
If you are dealing with an enforcement notice, or navigating a complex planning position, early strategic advice can make a significant difference.
We can help you understand your options and develop a clear route forward based on planning policy, legislation and practical experience.
Call us: 020 3021 2236