Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice upheld22 August 20223265222

52 Thames Avenue, Perivale, Middlesex, UB6 8JN

without planning permission, the material change of use of the outbuilding to a separate, self-contained dwelling. ("Unauthorised Development")

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

  • Appeal A (ground d): whether the appellant can show on the balance of probabilities that the material change of use of the building began on or before 17 November 2016 and, if so, whether it continued without significant interruption for at least 4 years thereafter
  • Appeal B (s195): whether the Council's decision to refuse a certificate of lawful use or development was well-founded, turning on whether the appellant can show on the balance of probabilities that the material change of use began on or before 4 August 2016 and continued without significant interruption for at least 4 years thereafter

What decided it

The appellant failed to demonstrate on the balance of probabilities that the material change of use began on or before the relevant dates and continued without significant interruption for at least 4 years, due to inconsistent and contradictory evidence unsupported by corroborating documentation.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.