26 Lyon Park Avenue, Wembley, HA0 4DR

without planning permission, the material change of use of the premises to three flats

Authority: London Borough of Brent
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Madge M

Main issues, as the Inspector framed them

Whether the material change of use to three flats has achieved immunity from enforcement action due to the passage of time under section 174(2)(d)
Whether the steps required by the enforcement notice go beyond what is necessary to remedy the breach under section 174(2)(f)

What decided it

The appellant's evidence failed to establish on the balance of probability that the premises had been occupied as three self-contained flats for any continuous four-year period on or before the material date, therefore immunity from enforcement was not achieved.

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