73 Lee Road, Perivale, Middlesex, UB6 7DA

Planning appeal 3323826 at 73 Lee Road, Perivale, Middlesex, UB6 7DA (London Borough of Ealing) was dismissed on 18 April 2024 by Inspector Griffin E, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode: UB6 7DA

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.

What the Inspector cited

Judgments: Gabbitas v SSE & Newham LBC [1985] JPL 630; Gravesham BC v SSE & O'Brien [1983] JPL 306

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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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.