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Planning appeal decision

Quashed On Legal Grounds16 January 20233271401

Land and Premises at 133 Chelmer Crescent, Barking, IG11 0PY

Planning appeal 3271401 at Land and Premises at 133 Chelmer Crescent, Barking, IG11 0PY (London Borough of Barking and Dagenham Council) was decided (quashed on legal grounds) on 16 January 2023 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control was immune from enforcement action due to the passage of 4 years.

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
Postcode
IG11 0PY

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.

The decision letter

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More decisions in London Borough of Barking and Dagenham Council

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld11 June 20263347715
    Land on the South Eastern Side of Collier Row Road , Romford , Essex , RM5 2BH
  2. Notice varied and upheld27 March 20263340354
    197 Broad Street, Dagenham, RM10 9JD
  3. Planning permission granted25 March 20263341191
    247 Downing Road, Dagenham, RM9 6LU
  4. Notice upheld17 March 20263332937
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  5. Notice upheld16 March 20263332931
    532 Becontree Avenue, Dagenham, RM8 3HR

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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