®Planning appeal decision
Notice upheld18 April 20243323826
73 Lee Road, Perivale, Middlesex, UB6 7DA
Without planning permission the material change of use of the rear outbuilding to a separate self-contained dwelling
- Authority
- London Borough of Ealing
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Griffin E
Main issues, as the Inspector framed them
- Whether the appellant can show on the balance of probabilities that the material change of use of the building began on or before 2 May 2019 (ground (d)) or 15 September 2018 (section 195 appeal), and continued without significant interruption for at least 4 years thereafter
- Whether the Council's decision to refuse an LDC was well-founded
- Whether the period for compliance with the enforcement notice (3 months) is too short (ground (g))
What decided it
The appellant failed to demonstrate, on the balance of probabilities, that the self-contained use of the outbuilding had continued without significant interruption for the requisite four-year period.
Judgments cited: Gabbitas v SSE & Newham LBC [1985] JPL 630; Gravesham BC v SSE & O'Brien [1983] JPL 306
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.