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

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

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.

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