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the material change of use of dwellinghouse to four flats

Authority: Old Oak and Park Royal Development Corporation
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Braithwaite J

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.

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