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Quashed On Legal Grounds3 September 20263378189

25 Scorton Avenue, Perivale, UB6 8LA

Planning appeal 3378189 at 25 Scorton Avenue, Perivale, UB6 8LA (London Borough of Ealing) was decided (quashed on legal grounds) on 3 September 2026 by Inspector Moss J, following an inquiry. The main issue, as the Inspector framed it: Whether the time limit specified in section 171B(2) of the 1990 Act, or that specified in section 171B(3) applies.

Appeal type
Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Moss J

Main issues, as the Inspector framed them

  • Whether the time limit specified in section 171B(2) of the 1990 Act, or that specified in section 171B(3) applies
  • Whether or not the separate residential use has continued substantially uninterrupted for the relevant period beginning with the date on which the material change of use to the separate residential use took place

What decided it

The Inspector found that the building was erected and first used for storage, with the material change of use to separate residential use occurring in August 2017 and continuing substantially uninterrupted for more than four years before the notice was issued, so the four-year time limit under section 171B(2) applied and the use had become immune from enforcement.

What the Inspector cited

Judgments
Wakelin v SSE and another (1983) 46 P&CR 214; Miller-Mead v MHLG [1963] 2 WLR 225; Lawson Builders Ltd and others v SSCLG and Wakefield MDC [2013] EWHC 3368 (Admin); Sage v SSETR & Maidstone BC [2003] UKHL 22

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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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