38 Abbey Road, WALTHAM CROSS, EN8 7LQ

Main issues, as the Inspector framed them

• The ground (e) appeal – Appeal A: whether copies of the EN were served as required by sections 172(2) and 172(3) of the 1990 Act
• The ground (d) appeal – Appeal A: whether, at the date the notice was issued, no enforcement action could be taken in respect of the breach
• The ground (f) appeal – Appeal A: whether the steps required by the EN exceed what is necessary to remedy the breach of planning control
• The ground (b) and (c) appeals – Appeal B: whether the allegation has occurred as a matter of fact and whether those matters constitute a breach of planning control

What decided it

The decisive factor in both appeals was the Inspector's factual finding, on the balance of probability, as to when and whether a material change of use to a separate dwelling/dwellings had occurred, which determined immunity (Appeal A) and breach (Appeal B).