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Planning appeal decision

Notice upheld1 November 20243308546

6 Hoylake Road, Acton, London, W3 7NP

Planning appeal 3308546 at 6 Hoylake Road, Acton, London, W3 7NP (London Borough of Ealing) was dismissed on 1 November 2024 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: Whether the appellant has proved on the balance of probability that the use of any part of the appeal building changed to use as a self-contained flat on or before 9 September 2018 and that the use of that part as a self-contained flat then continued for at least 4 years after the date of the change, without any substantial interruption.

without planning permission, the material change of use of the property to five flats (the “Unauthorised Use”)

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Satheesan R
Postcode
W3 7NP

Main issues, as the Inspector framed them

  • Whether the appellant has proved on the balance of probability that the use of any part of the appeal building changed to use as a self-contained flat on or before 9 September 2018 and that the use of that part as a self-contained flat then continued for at least 4 years after the date of the change, without any substantial interruption

What decided it

The appellant's evidence was insufficiently precise and unambiguous to discharge the burden of proof required under ground (d), and was contradicted by the appellant's own statements to the Council and the Council's evidence regarding HMO licensing and selective rental licensing applications.

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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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