®Planning appeal decision
Notice varied and upheld22 January 20243305618
Premises known as 9 Carlisle Avenue, Acton, London, W3 7NG
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
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 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.