3 Earlham Grove, LONDON, E7 9AL

Authority: London Borough of Newham
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Ghafoor A

Main issues, as the Inspector framed them

Whether the material change of use of the basement to a self-contained unit of residential accommodation is lawful due to the passage of time under ground (d) of section 174(2) of the Town and Country Planning Act 1990

What decided it

The appellant's uncontradicted evidence, including sworn testimony and utility bills, established that the basement flat was continuously occupied and used as a dwellinghouse for at least four years prior to the relevant date, satisfying the requirements for lawfulness under ground (d).

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