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Dismissed1 February 20223273989

7 Lyndhurst Avenue, Southall, Middlesex, UB1 3DU

Planning appeal 3273989 at 7 Lyndhurst Avenue, Southall, Middlesex, UB1 3DU (London Borough of Ealing) was dismissed on 1 February 2022 by Inspector Symons G, by written representations. The main issue, as the Inspector framed it: Whether the residential unit in the side extension was created and occupied on a substantially uninterrupted basis for at least four years prior to the LDC application date, such that the breach of planning control is now immune from enforcement action.

described as ‘Existing 3 bedroom house where the double-storey side extension has been converted and contains a separate unit which has been in continuous use for over 5 years tenancy agreements attached to support application

Authority
London Borough of Ealing
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Symons G
Postcode
UB1 3DU

Main issues, as the Inspector framed them

  • Whether the residential unit in the side extension was created and occupied on a substantially uninterrupted basis for at least four years prior to the LDC application date, such that the breach of planning control is now immune from enforcement action

What decided it

The appellant's evidence was insufficiently precise and unambiguous to demonstrate that the unauthorised use had been substantially continuous for at least four years prior to the application date, and thus failed to show that the breach was immune from enforcement action.

The decision letter

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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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