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Planning appeal decision

Notice varied and upheld22 January 20243305618

Premises Known As 9 Carlisle Avenue, Acton, London, W3 7NG

Planning appeal 3305618 at Premises Known As 9 Carlisle Avenue, Acton, London, W3 7NG (London Borough of Ealing) was allowed in part (a split decision) on 22 January 2024 by Inspector Russell J, by written representations. The main issue, as the Inspector framed it: Whether a material change of use of land has occurred (ground b).

without planning permission, the material change of use of the land at the rear of the property to self-contained separate residential use

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Russell J
Postcode
W3 7NG

Main issues, as the Inspector framed them

  • Whether a material change of use of land has occurred (ground b)
  • Whether the land has a lawful residential use already such that no breach occurred (ground c)
  • Whether the time for taking enforcement action has expired under section 171B(2) or (3) of the Town and Country Planning Act 1990 (ground d and LDC appeal)
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach (ground f)
  • Whether the period for compliance is reasonable (ground g)

What decided it

The appeal building was constructed and used as a self-contained dwelling from the outset without any prior incidental use, meaning the four-year rule did not apply and the ten-year rule for material change of use of land applied instead, making enforcement action timely.

The decision letter

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More decisions in London Borough of Ealing

The authority’s record since 2016 · every decision in 2024

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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.

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