30 Imperial Way, Harrow , HA3 9SW

Without planning permission, the material change of use of the building in the rear garden to a separate residential use ("the unauthorised change of use")

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

Main issues, as the Inspector framed them

Whether the alleged breach of planning control (material change of use to a separate residential use) has occurred
Whether the use as a separate dwellinghouse had continued substantially uninterrupted for 4 years prior to issue of the enforcement notice
Whether the steps required by the notice are excessive to remedy the breach
Whether the time for compliance is reasonable

What decided it

The use as a separate dwellinghouse had continued for only 3 years and 11 months, falling short of the 4-year period required to establish immunity from enforcement action under section 174(2)(d).

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