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Planning appeal decision

Notice upheld23 May 20233290025

Premises Known As 174A Northfield Avenue, West Ealing, London, W13 9SB

Planning appeal 3290025 at Premises Known As 174A Northfield Avenue, West Ealing, London, W13 9SB (London Borough of Ealing) was dismissed on 23 May 2023 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether at the time the enforcement notice was issued it was too late for the Council to take enforcement action against the alleged material change of use.

the material change of use of the land by extension of the planning unit to incorporate the flat roof of the ground floor rear extension as external amenity area

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Whether at the time the enforcement notice was issued it was too late for the Council to take enforcement action against the alleged material change of use

What decided it

The appellants failed to demonstrate lawful continuous use of the roof terrace for the required 10-year period without significant interruption, with material gaps in evidence and a change to the planning unit itself through subdivision.

The decision letter

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

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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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