Land and Premises at 683A Green Lane, Dagenham, RM8 1YA

Planning appeal 3304798 at Land and Premises at 683A Green Lane, Dagenham, RM8 1YA (London Borough of Barking and Dagenham Council) was decided (quashed on legal grounds) on 31 January 2024 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the flat above the shop to three flats began more than four years before the date of issue of the enforcement notice and continued without material interruption for a period of four years thereafter, so as to meet the immunity period from enforcement action under section 171B(2) of the Town and Country Planning Act 1990.

without planning permission, the unauthorised subdivision of the flat above the shop, to multiple self-contained units of accommodation

Authority: London Borough of Barking and Dagenham Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Jones R
Postcode: RM8 1YA

Main issues, as the Inspector framed them

Whether the material change of use of the flat above the shop to three flats began more than four years before the date of issue of the enforcement notice and continued without material interruption for a period of four years thereafter, so as to meet the immunity period from enforcement action under section 171B(2) of the Town and Country Planning Act 1990

What decided it

The weight of evidence clearly and unambiguously demonstrated that the material change of use occurred more than four years before the enforcement notice was issued and continued without material interruption for the required four-year period, making it too late to take enforcement action.

The decision letter

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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.