Land and premises at 133 Chelmer Crescent, BARKING, IG11 0PY

without planning permission, the unauthorised material change of use of the property from a single family dwelling to self-contained units of accommodation

Authority: London Borough of Barking and Dagenham Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Shields T

Main issues, as the Inspector framed them

Whether the breach of planning control was immune from enforcement action due to the passage of 4 years

What decided it

The appellant's uncorroborated but precise and unambiguous evidence of continuous use for 4 years, combined with the Council's failure to provide any contradictory evidence, satisfied the balance of probability test for immunity from enforcement action.

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