216 London Road, TWICKENHAM, TW1 1EU

Without planning permission and within the last four years, a material change of use of the building from a single family dwellinghouse into five self-contained flats, facilitated by the erection of a part two-storey part single-storey rear extension: insertion of rooflights and alterations to fenestration arrangement on all elevations

Authority: Richmond Upon Thames London Borough Council
Appeal type: minor · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Bond V

Main issues, as the Inspector framed them

Whether the change of use commenced before 15 May 2020 such that enforcement action was time-barred under section 174(2)(d)
Whether the requirements of the notice exceed what is necessary under section 174(2)(f)
Whether the period for compliance is reasonable under section 174(2)(g)

What decided it

The change of use did not commence before the material date of 15 May 2020 because, despite physical completion and Council tax registration by 1 March 2020, the three-week vacancy before first occupation on 5 June 2020, combined with insufficient evidence of intended or attempted use during that period, meant the use was not established before the immunity period began to run.

Judgments cited: FSS v Arun DC & Brown [2006] EWCA Civ 1172; Moore v SSE & New Forest DC (1999) 77 P.&C.R. 114; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Jones v Isle of Anglesey CC [2024] EWHC 2582 (Admin); Gravesham BC v Secretary of State for the Environment (1982) 47 P&CR 142; Impey v Secretary of State for the Environment (1984) 47 P&CR 157; Welwyn Hatfield Council BC v SSCLG & Beesley [2011] UKSC 15

Read the decision letter on the Inspectorate’s site

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.