6 Hoylake Road, Acton, LONDON, W3 7NP

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

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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