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Planning appeal decision

Notice varied and upheld4 July 20223283496

93 York Road, London, W3 6TN

Planning appeal 3283496 at 93 York Road, London, W3 6TN (London Borough of Ealing) was allowed in part (a split decision) on 4 July 2022 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the appellant can show on the balance of probabilities that the material change of use of the building began on or before 18 August 2017 and, if so, whether it continued without significant interruption for at least 4 years thereafter (ground d).

without planning permission, the material change of use of the property to 10 self-contained studio flats and the erection of a part single, part two storey rear extension

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Savage M
Postcode
W3 6TN

Main issues, as the Inspector framed them

  • Whether the appellant can show on the balance of probabilities that the material change of use of the building began on or before 18 August 2017 and, if so, whether it continued without significant interruption for at least 4 years thereafter (ground d)
  • Whether the steps required by the notice exceed what is necessary to remedy any breach of planning control or injury to amenity (ground f)
  • Whether the period specified in the notice falls short of what should reasonably be allowed (ground g)

What decided it

The appellant failed to prove on the balance of probabilities that any individual flat had been continuously occupied as a self-contained unit for at least four years prior to the enforcement notice, undermining all grounds of appeal.

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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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