Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice varied and upheld18 July 20253337985

4 Elgar Avenue, London, W5 3JU

Planning appeal 3337985 at 4 Elgar Avenue, London, W5 3JU (London Borough of Ealing) was allowed in part (a split decision) on 18 July 2025 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
W5 3JU

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 decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

410 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in London Borough of Ealing

The authority’s record since 2016 · every decision in 2025

  1. Notice upheld4 September 20263365332
    81 Ashness Gardens, Greenford, UB6 0RW
  2. Quashed On Legal Grounds3 September 20263378189
    25 Scorton Avenue, Perivale, UB6 8LA
  3. Notice upheld26 August 20263376041
    Tiramisu Cafe, 12 St. Marys Road, London, W5 5ES
  4. Notice upheld26 August 20263358322
    95 Greatdown Road, London, W7 1JR
  5. Notice upheld24 August 20263367676
    1 Kennedy Road, Hanwell, London, W7 1JL

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.