®Planning appeal decision
73 Lower Clapton Road, Hackney, LONDON, E5 0NP
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
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.
Judgments cited: 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
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.