37 Uxendon Crescent, Wembley, HA9 9TW

Authority: London Borough of Brent
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Whalley J

Main issues, as the Inspector framed them

Whether the material change of use to two flats occurred more than 4 years before the enforcement notice was issued and was therefore immune from enforcement action under section 171B(2) of the Town and Country Planning Act 1990

What decided it

The appellant failed to provide sufficient, adequate and credible evidence to demonstrate on the balance of probability that the property had been continuously occupied as two separate self-contained flats for the required 4-year immunity period.

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