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Planning appeal decision

Notice varied and upheld4 February 20223265794

Premises Known As 130 Clarence Street, Southall, Middlesex, UB2 5BW

Planning appeal 3265794 at Premises Known As 130 Clarence Street, Southall, Middlesex, UB2 5BW (London Borough of Ealing) was allowed in part (a split decision) on 4 February 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach (ground d).

without planning permission, the material change of use of the land to the rear of the premises for separate self- contained residential use

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
UB2 5BW

Main issues, as the Inspector framed them

  • Whether, at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach (ground d)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (ground f)
  • Whether the compliance period specified in the notice is reasonable (ground g)

What decided it

The outbuilding was constructed after 13 February 2012, outside the ten-year enforcement period, and the appellant failed to prove continuous residential use from that date; additionally, the substantial operational development should have been addressed within four years, making demolition requirements excessive.

The decision letter

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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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