Planning appeal decision
Flat 1, Frank Bradleys Fish Factory, Central Way, Feltham, Hounslow, TW14 0XQ
Planning appeal 3338118 at Flat 1, Frank Bradleys Fish Factory, Central Way, Feltham, Hounslow, TW14 0XQ (London Borough of Hounslow) was dismissed on 6 September 2024 by Inspector Moore D, by written representations. The main issue, as the Inspector framed it: Whether the appellant has shown, on the balance of probabilities, that the material change of use to a use falling within Class C3(a) took place four or more years prior to the date of the application and continued after the date of change without significant interruption such that it would be too late for the Council to take enforcement action.
use of premises as use falling within Class C3(a)1”. Appeal B: APP/F5540/X/24/3338120 Flat 1, Bradleys Fish Factory, Central Way, North Feltham Trading Estate, Feltham, Middlesex TW14 0XQ
- Authority
- London Borough of Hounslow
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Moore D
- Postcode
- TW14 0XQ
Main issues, as the Inspector framed them
- Whether the appellant has shown, on the balance of probabilities, that the material change of use to a use falling within Class C3(a) took place four or more years prior to the date of the application and continued after the date of change without significant interruption such that it would be too late for the Council to take enforcement action
What decided it
The evidence submitted was imprecise and ambiguous, failing to demonstrate continuous occupation for the required four-year immunity period, particularly lacking information on tenants, dates of occupation and any void periods.
What the Inspector cited
- Judgments
- Gabbitas v SSE & Newham LBC [1985] JPL 630
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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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.
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