25 Montserrat Road, LONDON, SW15 2LD

failure to comply with a condition imposed on a planning permission ref 2017/4203 granted on 13 December 2017

Authority: London Borough of Wandsworth
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Minor Dwellings
Inspector: Bond V

Main issues, as the Inspector framed them

Whether at the time the enforcement notice was issued it was too late to take enforcement action (ground d)
Whether the requirements of the notice exceed what is necessary (ground f)
Whether the period for compliance with the notice falls short of what is reasonable (ground g)

What decided it

The appellant failed to establish on the balance of probability that the outbuilding had been continuously used as a single dwelling for the requisite four-year period, particularly due to a significant vacancy from November 2020 to January 2021 and insufficient evidence of actual continuous occupation beyond tenancy agreements.

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