Premises known as the uppper floors at 181 Noel Road, Acton, LONDON, W3 0JJ

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

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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