®Planning appeal decision
Quashed On Legal Grounds31 January 20243304798
Land and premises at 683A Green Lane, DAGENHAM, RM8 1YA
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
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 main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.