171 Mutton Lane Potters Bar Hertfordshire EN6 2AN

1. 1.The Permitted Development Rights for Householders - Technical Guidance (2019) states that each Class should be assessed on its own unless the application consists of a development where other Classes/Parts apply which would mean all relevant Classes/Parts of the Order would need to be considered together for the purposes of being permitted development. The proposal is considered against the criteria of Schedule 2, Part 1, Class E (which covers the provision of buildings and other development within the curtilage of the house) of the Town and Country Planning (General Permitted Development) (as amended) (No.2) (England) Order 2015 for the change of use of an existing outbuilding to an annex under permitted development rights. However, under the provisions of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended), Schedule 2, Part 1, Class E permits the erection or alteration of outbuildings only where such buildings are required for a purpose incidental to the enjoyment of the dwellinghouse. "Incidental" in this context refers to uses such as garages, garden stores, home offices, or leisure rooms. It explicitly excludes primary living accommodation containing facilities for independent day-to-day living, such as kitchens, bathrooms, or self-contained bedrooms. Insufficient information has been supplied to assess against the criteria under Class E (e)(i), (f) as no existing/proposed elevation plans have been provided. The proposed development would also fail to satisfy the criteria contained in Class E (i) & E.4 due to the following: - The proposal would not relate to a dwelling - The resultant proposal would not be considered to relate to a purpose incidental to the enjoyment of the dwellinghouse Accordingly, the change of use of the existing outbuilding to an annex capable of independent occupation would constitute a material change of use requiring express planning permission under Section 55 of the Town and Country Planning Act 1990. The proposal cannot therefore be considered to fall within the scope of permitted development rights under the GPDO. Accordingly, the application for a Certificate of Lawful Development (Proposed) should be refused. First Schedule (description of operations) Change of use of existing outbuilding to residential (C3). Certificate of Lawful Development (Proposed).

From the council's decision notice.

Postcode

EN6 2AN

Application type

Certificate Proposed Lawful Use/Dev

Scale / size

Small

Parish

No Parish

Date validated

5 August 2025

Target decision date

30 September 2025

Statutory period

56 days

Planning Portal ID

PP-14018180

Comments

0

Documents

6

Constraints

13