49 Scrutton Street, Hackney, London, EC2A 4PJ

Planning appeal 3254557 at 49 Scrutton Street, Hackney, London, EC2A 4PJ (London Borough of Hackney) was decided (quashed on legal grounds) on 28 February 2022 by Inspector Fleming D, following a hearing. The main issue, as the Inspector framed it: Whether, on the balance of probabilities, the residential use of the property began more than four years before the notice was issued and continued (without a material break) such that at the relevant date enforcement action could no longer be taken (ground (d)).

the material change of use of the property to use as a dwelling and associated extensions and alterations

Authority: London Borough of Hackney
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Change of use
Inspector: Fleming D
Postcode: EC2A 4PJ

Main issues, as the Inspector framed them

Whether, on the balance of probabilities, the residential use of the property began more than four years before the notice was issued and continued (without a material break) such that at the relevant date enforcement action could no longer be taken (ground (d))

What decided it

The Inspector found, on the balance of probabilities, that the residential use of the whole property had continued without material interruption for more than four years before the notice was issued, so the use had become immune from enforcement action.

What the Inspector cited

Judgments: Gravesham BC v SSE and O'Brien [1983] JPL 306; Swale BC v FSS & Lee [2005] EWCA Civ 1568 [2006] JPL 886; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15

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 2022

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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.