Planning appeal decision
60 THE RIDGEWAY, KINSBURY, LONDON, NW9 0UA
without planning permission, the erection of a building to the rear of the premises and its use for the cultivation of drugs
- Authority
- London Borough of Brent
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- other · Other minor developments
- Inspector
- Thomas N
Main issues, as the Inspector framed them
- The ground of appeal is that the development alleged in the notice has not occurred (ground (b))
- The ground of appeal is that the matters alleged in the notice, if they occurred, do not constitute a breach of planning control (ground (c))
- The ground of appeal is that at the date when the notice was issued, no enforcement action could be taken in respect of the breach of planning control (ground (d))
What decided it
The appellant failed to discharge the burden of proof on each of grounds (b), (c) and (d), including failing to show the building was permitted development or immune from enforcement due to the passage of time.
Judgments cited: Blackburn v SS and South Holland DC [2003] EWHC 671 Admin
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.
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