73 Lower Clapton Road, Hackney, London, E5 0NP

Planning appeal 3254071 at 73 Lower Clapton Road, Hackney, London, E5 0NP (London Borough of Hackney) was allowed in part (a split decision) on 25 August 2021 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the use of the outbuilding as a single dwellinghouse began more than 4 years before the enforcement notice was issued.

without planning permission, the material change of use of the outbuilding to use as a residential dwelling and the material change of use of the basement of the main building to use as a residential dwelling

Authority: London Borough of Hackney
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Madge M
Postcode: E5 0NP

Main issues, as the Inspector framed them

Whether the use of the outbuilding as a single dwellinghouse began more than 4 years before the enforcement notice was issued
Whether the use of the basement of the main building as a single dwellinghouse began more than 4 years before the enforcement notice was issued
Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control
Whether the compliance period specified is reasonable

What decided it

The outbuilding experienced a significant break in occupation during refurbishment works in 2017, which restarted the 4-year immunity period, whereas the basement achieved continuous use with only de minimis gaps between tenancies.

What the Inspector cited

Judgments: Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461; Gravesham BC v SSE (1982) 47 P & CR 142

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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More decisions in London Borough of Hackney

The authority’s record since 2016 · every decision in 2021

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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.