Smart Hand Car Wash, 154 High Road, Chadwell Heath, RM6 6NT

Authority: London Borough of Barking and Dagenham Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Change of use
Inspector: Shields T

Main issues, as the Inspector framed them

Whether the matters alleged in the enforcement notice have occurred as a matter of fact
Whether it was too late for enforcement action to be taken (ground d)
Whether the requirements of the notice exceed what is necessary to remedy the breach (ground f)

What decided it

The appellant could not demonstrate on the balance of probabilities that the car wash use commenced more than ten years before the enforcement notice was issued, and the canopy was not constructed to facilitate the unauthorised use.

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