®Planning appeal decision
Notice varied and upheld4 July 20223283496
93 York Road, LONDON, W3 6TN
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
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.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.