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Planning appeal decision

Quashed On Legal Grounds1 March 20243293761

60 Wesley Avenue, London, NW10 7BN

Planning appeal 3293761 at 60 Wesley Avenue, London, NW10 7BN (Old Oak and Park Royal Development Corporation) was decided (quashed on legal grounds) on 1 March 2024 by Inspector Braithwaite J, following an inquiry. The main issue, as the Inspector framed it: Whether the Appellant has provided sufficient precise and unambiguous evidence to justify a conclusion, on the balance of probability, that the alleged change of use of the dwellinghouse occurred more than four years before the date of issue of the enforcement notice, and that the use has subsisted continuously during that period and without material change.

the material change of use of dwellinghouse to four flats

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Braithwaite J
Postcode
NW10 7BN

Main issues, as the Inspector framed them

  • Whether the Appellant has provided sufficient precise and unambiguous evidence to justify a conclusion, on the balance of probability, that the alleged change of use of the dwellinghouse occurred more than four years before the date of issue of the enforcement notice, and that the use has subsisted continuously during that period and without material change

What decided it

Unambiguous documentary and oral evidence demonstrated that all four flats had been continuously occupied since before 17 January 2018, establishing immunity from enforcement.

The decision letter

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More decisions in Old Oak and Park Royal Development Corporation

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld18 September 20253354820
    Centre House St. Leonards Road, London, NW10 6ST
  2. Notice upheld17 January 20253328458
    860A Coronation Road, London, NW10 7PS
  3. Notice upheld14 November 20243326379
    245A Acton Lane, Park Royal, London, NW10 7NR
  4. Notice upheld7 November 20243324326
    6 Standard Road, Chase Estate, Acton, London, NW10 6EU
  5. Notice upheld23 July 20243333433
    34 Standard Road, London, NW10 6EU

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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