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Dismissed31 January 20223257994

40 Chatham Road, Walthamstow, London, E17 6EU

Planning appeal 3257994 at 40 Chatham Road, Walthamstow, London, E17 6EU (Waltham Forest London Borough Council) was dismissed on 31 January 2022 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the property as a House in Multiple Occupation (HMO) (Use Class C4) was lawful when the applications were made.

use of property as a house in multiple occupation (HMO) (Class C4)

Authority
Waltham Forest London Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Willows P
Postcode
E17 6EU

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the property as a House in Multiple Occupation (HMO) (Use Class C4) was lawful when the applications were made

What decided it

The March 2015 LDC application form, completed by the property owner/occupier or their agent, clearly stated the existing use as C3 dwellinghouse, providing contemporaneous evidence that the property had reverted to C3 use within the 10-year enforcement period, meaning permission would have been required to change back to C4 use.

The decision letter

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More decisions in Waltham Forest London Borough Council

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.

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