204 Longbridge Road, BARKING, IG11 8SY

Without planning permission, the unauthorised change of use to an Estate Agency business (E(g)(i)

Authority: London Borough of Barking and Dagenham Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: retail · Change of use
Inspector: Moss J

Main issues, as the Inspector framed them

Whether the enforcement notice is defective and should be corrected
Whether the use became immune from enforcement action due to passage of time (ground (d))
Whether the Council's refusal to grant a certificate of lawful use or development was well-founded

What decided it

The appellant discharged the burden of proof that the use as an estate agent's office commenced in October 2010 and continued substantially uninterrupted for more than 10 years, rendering it lawful and immune from enforcement action.

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