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Quashed On Legal Grounds15 April 20243310642

75 Kings Avenue, Greenford, Middlesex, UB6 9DD

Planning appeal 3310642 at 75 Kings Avenue, Greenford, Middlesex, UB6 9DD (London Borough of Ealing) was decided (quashed on legal grounds) on 15 April 2024 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice (material change of use of outbuilding to a separate self-contained dwelling) commenced four years before the date of issue of the notice and has continued since, such that the use is immune from enforcement action under section 174(2)(d) of the Town and Country Planning Act 1990.

Without planning permission: the material change of use of outbuilding to a separate self-contained dwelling

Authority
London Borough of Ealing
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
King T
Postcode
UB6 9DD

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice (material change of use of outbuilding to a separate self-contained dwelling) commenced four years before the date of issue of the notice and has continued since, such that the use is immune from enforcement action under section 174(2)(d) of the Town and Country Planning Act 1990

What decided it

The appellant discharged the burden of proof on the balance of probabilities that the outbuilding had been in continuous residential use as a self-contained dwelling for the four-year period prior to the enforcement notice, thereby acquiring immunity from enforcement action.

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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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