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Planning appeal decision

Notice varied and upheld15 July 20223257380

20A Friary Road, Acton, London, W3 6AF

Planning appeal 3257380 at 20A Friary Road, Acton, London, W3 6AF (London Borough of Ealing) was allowed in part (a split decision) on 15 July 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (material change of use of land to the rear to separate residential use) has occurred.

without planning permission, the material change of use of the land to the rear of the premises to separate residential use

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
W3 6AF

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (material change of use of land to the rear to separate residential use) has occurred
  • Whether the breach constitutes a material change of use requiring planning permission
  • Whether enforcement action was barred by the four or ten year time limits under section 171B of the Town and Country Planning Act 1990
  • Whether the requirements of the enforcement notice (demolition and removal of debris) exceed what is necessary to remedy the breach

What decided it

The requirements to demolish the building and remove debris exceeded what was necessary to remedy the breach of planning control, as discontinuing the separate residential use of the land was sufficient remedy, and the substantial building should have been subject to enforcement action within the four-year period for operational development.

The decision letter

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

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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.

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