153a Dorset Road, Merton Park, LONDON, SW19 3EQ

without planning permission, the conversion of the outbuilding on the Land into a self-contained residential unit

Authority: London Borough of Merton
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Hartley D

Main issues, as the Inspector framed them

Whether at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control, on the basis that the building had been used as a separate dwellinghouse for more than four years and was therefore immune from enforcement action

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate continuous four-year use of the outbuilding as a separate dwellinghouse, placing the burden of proof on the appellant in a ground (d) appeal.

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