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Planning appeal decision

Allowed21 July 20223269278

Annexe, 1 Wheatley Close, Hornchurch, RM11 2DR

Planning appeal 3269278 at Annexe, 1 Wheatley Close, Hornchurch, RM11 2DR (London Borough of Havering) was allowed on 21 July 2022 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the appellant can show on the balance of probabilities that The Annexe was occupied for the relevant period without complying with condition No 4 attached to the 2002 permission.

use of the Annexe as a C3 single dwellinghouse

Authority
London Borough of Havering
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Fleming D
Postcode
RM11 2DR

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the appellant can show on the balance of probabilities that The Annexe was occupied for the relevant period without complying with condition No 4 attached to the 2002 permission

What decided it

The self-contained residential use without compliance with condition No 4 began in October 2013 and became immune from enforcement action after four years by October 2017, with no evidence of abandonment thereafter.

The decision letter

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More decisions in London Borough of Havering

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld4 August 20263360522
    22 Nelmes Crescent, Hornchurch, RM11 2QB
  2. Dismissed4 August 20263359688
    30 Crow Lane, Romford, RM7 0EL
  3. Planning permission granted29 July 20263367840
    5A Myrtle Road, Romford, RM3 8XS
  4. Notice upheld25 June 20263358682
    Chalkfields Tomkyns Lane, Upminster, RM14 1TP
  5. Split Decision23 June 20263377437
    Land Ne Side of Church Road, Noak Hill, Romford, Essex, RM4 1LD

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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