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Planning appeal decision

Notice upheld4 October 20223261551

81a St. Georges Road, LONDON, E10 5RQ

Without planning permission, the material change of use of the rear section of the Land (outlined by the yellow dotted line in attached Plan A) to a separate residential use and any works undertaken or any items brought onto the Land which are material in facilitating the material change of use of the Land

Authority
Waltham Forest London Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
King T

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (material change of use of the rear section to separate residential use) had occurred as a matter of fact
  • Whether the matters alleged constitute a breach of planning control, having regard to the date of substantial completion of the building and immunity from enforcement action
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach

What decided it

The outbuilding was erected between June 2015 and August 2016 (not August 2014), so it could not have been in use for the ten years required to gain immunity from enforcement action for a C4 use.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.