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Planning appeal decision

Quashed On Legal Grounds26 October 20223265284

Premises Known As the Uppper Floors at 181 Noel Road, Acton, London, W3 0JJ

Planning appeal 3265284 at Premises Known As the Uppper Floors at 181 Noel Road, Acton, London, W3 0JJ (London Borough of Ealing) was decided (quashed on legal grounds) on 26 October 2022 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether it was too late to take enforcement action against the breach of planning control alleged in the notice (ground d appeal).

without planning permission, the material change of use of the upper floors to use as two flats (Flat B and Flat C) ("the unauthorised development”)

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hawkins S
Postcode
W3 0JJ

Main issues, as the Inspector framed them

  • Whether it was too late to take enforcement action against the breach of planning control alleged in the notice (ground d appeal)

What decided it

The appellants proved on the balance of probability that the use of flats B and C as separate dwellings commenced more than four years before the enforcement notice was issued, placing the breach outside the four-year limitation period for enforcement action.

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More decisions in London Borough of Ealing

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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