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Planning appeal decision

Notice varied and upheld12 January 20233272606

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

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

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 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.