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Planning appeal decision

Notice varied and upheld7 November 20223224860

2b Aylett Road, Isleworth, TW7 6NP

Planning appeal 3224860 at 2b Aylett Road, Isleworth, TW7 6NP (London Borough of Hounslow) was allowed in part (a split decision) on 7 November 2022 by Inspector Perkins L, following an inquiry. The main issue, as the Inspector framed it: whether the matters stated in the notice have occurred, ie the ground (b) appeal.

Without planning permission, the erection of a first floor structure and the use of this structure along with the ground floor as a separate residential unit

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Householder developments
Inspector
Perkins L
Postcode
TW7 6NP

Main issues, as the Inspector framed them

  • whether the matters stated in the notice have occurred, ie the ground (b) appeal
  • whether it was too late for the Council to take enforcement action due to the time limits set out in section 171B of the 1990 Act, ie the ground (d) appeal
  • if the above ground of appeal is not successful, whether the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach, ie the ground (f) appeal
  • whether the period for compliance with the notice falls short of what should reasonably be allowed, ie the ground (g) appeal

What decided it

The Inspector's finding that the first floor structure was a new building and that the residential use of the property had not continued unbroken for four years due to intervening storage and office use, meaning the breach had occurred and enforcement action was not time-barred.

What the Inspector cited

Judgments
Oates v SSCLG [2019] JPL 251; Beach v Secretary of State [2002] JPL 185

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Hounslow

The authority’s record since 2016 · every decision in 2022

  1. Notice upheld28 September 20263340528
    Fawns Manor House, Hounslow, TW14 8EN
  2. Notice upheld22 September 20263366748
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  3. Notice varied and upheld10 September 20263360036
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  4. Notice varied and upheld1 September 20263361778
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  5. Planning permission granted24 July 20263358481
    7 Tachbrook Road, Feltham, TW14 9PD

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.