An enforcement notice issued by New Forest National Park Authority has been quashed by an inspector on appeal as the development in question was deemed lawful.
The appeal was in relation to a three sided, single storey structure erected in the garden of a detached house in Burley, in the New Forest. The free-standing "garden room" was built away from the house itself, if only by a finger width. As a result of the tiny gap between the development and the house, the New Forest National Park Authority issued an enforcement notice against the structure claiming it was an unauthorised extension on the house and claimed it was classed as a conservatory.
The enforcement notice, issued in September 2017, required the demolition of the conservatory and the removal of all debris from the land within four months.
As such, an appeal was made on the grounds that the development was not an extension, but instead was classed as permitted development under Class E, Part 1, of the Town and Country Planning (General Permitted Development) (England) Order SI 2015/596 (see Schedule 2).
In their report, Inspector P N Jarratt stated that the steel framed structure did not depend on the main house for structural support so was indeed free-standing. The inspector also pointed out that the Order does not specify how far a development must be away from the main house for it to fall under Class E. The inspector then concluded that this development was actually permitted development and decided to quash the enforcement notice.
