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

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

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.

Read the decision letter on the Inspectorate’s site

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