- Decision
- dismissed, 23 September 2026
- Decided by
- Planning Inspector: Samuel Watson
- Authority
- Barnet (London)
- Appeal reference
- 6008624
- Application reference
- 25/4961/S73
- Procedure
- written representations
- Development
- s73A variation/removal of conditions 1, 2, 5, 7, 8, 9, 11, 13, 14 to regularise as-built changes (internal layouts, staircases, 24 rooflights) to a 7-dwelling scheme
- Homes
- 7
- Site context
- conservation area
- Green Belt
- No
- Framework applied
- No Framework version cited
- Determinative policies
- TCPA s55(2)(a), TCPA s73A
- Main issues
- scope of s73A; adequacy of plans
Summary
An s73A appeal sought to regularise as-built departures, including internal layouts, new first floors and 24 rooflights, on a seven-dwelling scheme in Mill Hill. It was dismissed because the plans were incomplete and contradictory, and so could not be assessed or enforced (DL ¶17). The Framework is not cited.
What made the difference
Internal works to a building still under construction are development and so were within scope (DL ¶9), but no first-floor plans were supplied (DL ¶11, ¶13).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DM6 | fail | conflicting and incomplete plans (no first-floor plans) mean the varied conditions could not be understood or enforced (DL 11-17) |
Key facts
- Internal alterations to an uncompleted building are "development"; the s55(2)(a) exception applies only to completed buildings (DL 8-10)
- Framework not cited
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.