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Planning appeal decision

Dismissed2 June 20213260252

14 Harvey Road, Leytonstone, London, E11 3DB

Planning appeal 3260252 at 14 Harvey Road, Leytonstone, London, E11 3DB (Waltham Forest London Borough Council) was dismissed on 2 June 2021 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: Whether the appellant can show on the balance of probabilities that there was a material change of use to use as a house in multiple occupation (HMO).

described as “Class C4: House in Multiple Occupation, shared house occupied by 3-6 unrelated individuals sharing basic amenities

Authority
Waltham Forest London Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Fleming D
Postcode
E11 3DB

Main issues, as the Inspector framed them

  • Whether the appellant can show on the balance of probabilities that there was a material change of use to use as a house in multiple occupation (HMO)
  • Whether the use has continued without material interruption so as to be immune from enforcement action

What decided it

The appellant's evidence did not substantiate that any HMO use which began in 2007 continued without material interruption until 2010 (when C4 was introduced) or until 15 September 2014 (when the Article 4 Direction came into force).

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More decisions in Waltham Forest London Borough Council

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.

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