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Planning appeal decision

Quashed On Legal Grounds15 September 20233291590

83 Cricklade Avenue, London, SW2 3HE

Planning appeal 3291590 at 83 Cricklade Avenue, London, SW2 3HE (London Borough of Lambeth) was decided (quashed on legal grounds) on 15 September 2023 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether a material change of use of the premises to two self-contained flats occurred four or more years prior to the issue of the enforcement notice, such that enforcement action is now time-barred under section 171B(2) of the Town and Country Planning Act 1990.

without planning permission, the unauthorised material change of use of the premises to two self-contained flats

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Moore D
Postcode
SW2 3HE

Main issues, as the Inspector framed them

  • Whether a material change of use of the premises to two self-contained flats occurred four or more years prior to the issue of the enforcement notice, such that enforcement action is now time-barred under section 171B(2) of the Town and Country Planning Act 1990

What decided it

The appellant's sworn evidence, supported by a range of corroborative documentation, established on the balance of probabilities that the material change of use to two self-contained flats occurred in June 2017, more than four years before the enforcement notice was issued in December 2021, making enforcement action time-barred.

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