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Planning appeal decision

Notice upheld4 July 20223259612

2 Gladstone Cottages , Wimborne Avenue, Southall, Middlesex, UB2 4HD

Planning appeal 3259612 at 2 Gladstone Cottages , Wimborne Avenue, Southall, Middlesex, UB2 4HD (London Borough of Ealing) was dismissed on 4 July 2022 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: Whether at the date the enforcement notice was issued, no enforcement action could be taken on ground (d) of section 174(2) of the Town and Country Planning Act 1990 as amended.

without planning permission, the material change in use of the rear of the ground floor of the premises to a self-contained flat

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Fleming D
Postcode
UB2 4HD

Main issues, as the Inspector framed them

  • Whether at the date the enforcement notice was issued, no enforcement action could be taken on ground (d) of section 174(2) of the Town and Country Planning Act 1990 as amended

What decided it

The appellants failed to provide sufficiently precise and unambiguous evidence that the residential use commenced more than four years before the enforcement notice was issued, with their evidence appearing inconsistent with the Council's contemporaneous records.

The decision letter

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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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