Land and Premises at 253 Salisbury Avenue, Barking, IG11 9XX

Planning appeal 3272606 at Land and Premises at 253 Salisbury Avenue, Barking, IG11 9XX (London Borough of Barking and Dagenham Council) was allowed in part (a split decision) on 12 January 2023 by Inspector Tweddle J, by written representations. The main issue, as the Inspector framed it: Whether the property was in use as a house of multiple occupation at the time the enforcement notice was served.

without planning permission, the unauthorised material change of use of a single-family dwelling house to a House of Multiple Occupation.  The requirements of the notice are to:  Cease the use as a house of multiple occupation  Remove all alterations and fixtures enabling the conversion to a house of multiple occupation  Remove all consequent waste material from the premises  The period for compliance with the requirements is 6 months.  The appeals are proceeding on the grounds set out in section 174(2)(b) and (g) of the Town and Country Planning Act 1990, as amended. This

Authority: London Borough of Barking and Dagenham Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Tweddle J
Postcode: IG11 9XX

Main issues, as the Inspector framed them

Whether the property was in use as a house of multiple occupation at the time the enforcement notice was served
Whether the time specified for compliance with the enforcement notice is reasonable

What decided it

The appellants provided insufficient evidence to demonstrate that the HMO use had not occurred as a matter of fact, and the enforcement notice was upheld with the compliance period varied from six to nine months to allow reasonable time for tenant relocation.

The decision letter

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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.