55 Edmunds Avenue, ORPINGTON, London, BR5 3LE

without the required planning permission, the material change of use of the land from a single dwellinghouse to two flats

Authority: London Borough of Bromley
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Savage M

Main issues, as the Inspector framed them

Whether, at the date the enforcement notice was issued, the material change of use from a single dwellinghouse to two flats had occurred at least 4 years prior and continued without significant interruption for at least 4 years, such that it became immune from enforcement action under section 171B of the Town and Country Planning Act 1990

What decided it

The appellant's evidence was too limited, unclear and undermined by discrepancies to demonstrate on the balance of probabilities that the material change of use had occurred at least 4 years before the notice was issued and continued without significant interruption for that period.

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