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Planning appeal decision

Dismissed1 October 20213268888

680 Forest Road, Walthamstow, London, E17 3ED

Planning appeal 3268888 at 680 Forest Road, Walthamstow, London, E17 3ED (Waltham Forest London Borough Council) was dismissed on 1 October 2021 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the application for a certificate of lawful use or development was well-founded, specifically whether at the date the application was made no enforcement action could have been taken in respect of the use of the ground and first floor as an HMO for 5 persons and use of the loft area as studio flat because the time for enforcement action had expired.

use of ground and first floor of the property as a house in multiple occupation (HMO) for 5 persons and use of the loft area as studio flat

Authority
Waltham Forest London Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Whitfield J
Postcode
E17 3ED

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse the application for a certificate of lawful use or development was well-founded, specifically whether at the date the application was made no enforcement action could have been taken in respect of the use of the ground and first floor as an HMO for 5 persons and use of the loft area as studio flat because the time for enforcement action had expired

What decided it

The appellant failed to demonstrate on the balance of probabilities that the material changes of use had occurred and continued for the requisite enforcement periods, and the use would have required planning permission for which none was granted.

The decision letter

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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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