4 The Parade, Sudbury Heights Avenue, Greenford, Middlesex, UB6 0LZ

Without planning permission, the erection of a shed on the flat roof of a single storey rear extension (‘the Unauthorised Development’)

Authority: London Borough of Ealing
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: King T

Main issues, as the Inspector framed them

Whether the unauthorised shed had been in situ for four years or more prior to the enforcement notice being issued, such that it would be immune from enforcement action under section 174(2)(d) of the Town and Country Planning Act 1990

What decided it

The aerial photographic evidence showing the shed was not in situ on 29 June 2019 undermined the appellant's claim that it had been erected in mid-2017, and the appellant failed to provide compelling evidence to prove the four-year immunity bar had been met.

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