®Planning appeal decision
49 Scrutton Street, Hackney, LONDON, EC2A 4PJ
the material change of use of the property to use as a dwelling and associated extensions and alterations
- Authority
- London Borough of Hackney
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Change of use
- Inspector
- Fleming D
Main issues, as the Inspector framed them
- Whether, on the balance of probabilities, the residential use of the property began more than four years before the notice was issued and continued (without a material break) such that at the relevant date enforcement action could no longer be taken (ground (d))
What decided it
The Inspector found, on the balance of probabilities, that the residential use of the whole property had continued without material interruption for more than four years before the notice was issued, so the use had become immune from enforcement action.
Judgments cited: Gravesham BC v SSE and O'Brien [1983] JPL 306; Swale BC v FSS & Lee [2005] EWCA Civ 1568 [2006] JPL 886; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15
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.