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Planning appeal decision

Notice varied and upheld8 March 20233274610

Land at 47 Levett Gardens, Seven Kings, Ilford, IG3 9BT

Planning appeal 3274610 at Land at 47 Levett Gardens, Seven Kings, Ilford, IG3 9BT (London Borough of Redbridge) was allowed in part (a split decision) on 8 March 2023 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the hard-surfaced area to the front garden was immune from enforcement action due to the passage of time under section 174(2)(d) of the Town and Country Planning Act 1990.

without planning permission, the hard surfacing of the front garden

Authority
London Borough of Redbridge
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Shields T
Postcode
IG3 9BT

Main issues, as the Inspector framed them

  • Whether the hard-surfaced area to the front garden was immune from enforcement action due to the passage of time under section 174(2)(d) of the Town and Country Planning Act 1990

What decided it

The appellants failed to demonstrate on the balance of probabilities that the hard surfacing was substantially completed more than 4 years before the enforcement notice was issued, as their evidence was contradicted by the Council's photographic evidence from July 2014 showing the front garden was still lawned.

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More decisions in London Borough of Redbridge

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

  1. Quashed On Legal Grounds29 September 20263372674
    Land at 112 Highbury Gardens , Seven King , Ilford , IG3 8AA
  2. Notice varied and upheld23 September 20263369444
    12 Westrow Gardens, Ilford, IG3 9NE
  3. Notice varied and upheld23 September 20263353209
    3 Highbury Gardens, Ilford, IG3 8AB
  4. Quashed On Legal Grounds17 September 20263371220
    Waylands Court, Staines Road, Ilford, IG1 2UR
  5. Quashed On Legal Grounds17 September 20263370180
    84 Wensleydale Avenue, Ilford, IG5 0NB

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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