80 The Ridings, LONDON, W5 3DR

Without planning permission, the material change of use of the upper floors to use as two flats ("the Unauthorised Development")

Authority: London Borough of Ealing
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Hanson S

Main issues, as the Inspector framed them

Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact
Whether the matters alleged in the notice constitute a breach of planning control as a matter of law

What decided it

The evidence demonstrated that the upper floors had been used as two separate self-contained flats providing independent residential accommodation, including periods of rental to tenants, which constitutes a material change of use under section 55(3)(a) of the 1990 Act for which no planning permission had been granted.

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