®Planning appeal decision
2b Aylett Road, ISLEWORTH, TW7 6NP
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
- Authority
- London Borough of Hounslow
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Householder developments
- Inspector
- Perkins L
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.
Judgments cited: Oates v SSCLG [2019] JPL 251; Beach v Secretary of State [2002] JPL 185
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.