# 41 Brent Park Road, Brent Cross

- **Decision:** allowed, 10 September 2026
- **Decided by:** Planning Inspector: R Dickson
- **Authority:** Barnet (London)
- **Appeal reference:** 6000405
- **Application reference:** 25/1337/FUL
- **Procedure:** written-representations
- **Development:** Part single, part two storey rear extension and loft conversion to create 2 self-contained flats from an end-terrace house
- **Homes:** 2
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** No Framework version cited
- **Determinative policies:** s38(6)
- **Development plan policies:** Barnet Local Plan 2021-2036 (2025) HOU03, CHD01
- **Main issues:** family housing provision
- **Tags:** tier-2, no-framework-reference, flat-conversion, plan-conflict-outweighed

## Summary
Conversion and extension of an end-terrace house in Barnet into two flats. Allowed despite a breach of the size thresholds in local policy HOU03(C), because the scheme kept a 3-bed family unit and so met the policy's "overarching aims" (DL ¶9-10). The letter never mentions the Framework. The footer carries a different reference (6006098), which looks like a template slip.

## What made the difference
Keeping a family-sized unit, and a second flat that exceeds NDSS, outweighed a numerical conflict with the plan (DL ¶18: "material considerations indicate that a decision should be made other than in accordance with it"). No Framework policy was engaged. L2(1)(d) (additional homes within existing plots) could have been cited but was not.

## Policy findings
- **HOU03 (Barnet LP): conflict.** criterion C breached (existing GIA under 135 sq m; flat 2 under 61 sq m), but "overarching aims" met because a 3-bed/4-person family unit is retained (DL 7-10)
- **CHD01 (Barnet LP): accord.** good standard of amenity; flat 2 exceeds NDSS (DL 9-10)
- **DM6: neutral.** council-requested PD-removal condition not imposed as "overly restrictive" (DL 17); code mapped by harvester

## Key facts
- Existing GIA below the 135 sq m threshold in HOU03(C); flat 2 below the 61 sq m target but above NDSS
- One 3-bed 4-person family flat retained

## Sources
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6000405
- https://appeal-planning-decision.service.gov.uk/published-document/2dd1581a-ad27-4b49-9883-f91faadc0f4f

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6000405.html

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