Flats 1-5, 125 High Road, LONDON, NW10 2SL

Without planning permission, the material change of use of the premises to five flats

Authority: London Borough of Brent
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Merrett R

Main issues, as the Inspector framed them

Whether at the date the enforcement notice was issued, no enforcement action could be taken in relation to the alleged change of use (ground d)
Whether the steps required to comply with the notice exceed what is necessary to remedy the breach of planning control (ground f)
Whether the time given to comply with the requirements is too short (ground g)

What decided it

The appellant failed to provide persuasive evidence that the use as flats commenced before the immunity date of 28 January 2015, as the Council's documentary evidence including site visit records, planning drawings, aerial photography and Valuation Office records contradicted the appellant's claim.

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