Premises known as 174A Northfield Avenue, West Ealing, London, W13 9SB

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.

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