®Planning appeal decision
Notice varied and upheld18 July 20253337985
4 Elgar Avenue, LONDON, W5 3JU
the material change of use of the rear outbuilding and single storey side extension to the main dwelling to use as 3 separate self-contained dwellings
- Authority
- London Borough of Ealing
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Moss J
Main issues, as the Inspector framed them
- Whether the use of the rear outbuilding and single storey side extension as three separate self-contained dwellings had continued substantially uninterrupted for four years prior to the enforcement notice, such that enforcement action could not be taken
- Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control
- Whether the three month compliance period specified in the notice is reasonable
What decided it
The substantial 21-month break in use of the units between early 2022 and December 2023, combined with insufficient and contradictory evidence of continuous use for four years prior to that break, meant enforcement action could be taken; however, the three-month compliance period was insufficient and was varied to six months.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.