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Planning appeal decision

Dismissed24 November 20213272862

47 Hawthorn Road, Buckhurst Hill, IG9 6JF

Planning appeal 3272862 at 47 Hawthorn Road, Buckhurst Hill, IG9 6JF (London Borough of Redbridge) was dismissed on 24 November 2021 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the use of the outbuilding for tutoring classes is lawful and capable of being certified under section 191(1)(a) of the Town and Country Planning Act 1990.

Use of detached rear outbuilding to provide tutoring classes

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Minor retail and services
Inspector
Braithwaite J
Postcode
IG9 6JF

Main issues, as the Inspector framed them

  • Whether the use of the outbuilding for tutoring classes is lawful and capable of being certified under section 191(1)(a) of the Town and Country Planning Act 1990

What decided it

The Appellant's application was imprecise and ambiguous in its description of the use, and the fundamental principle that an LDC can only be granted for the existing use specified in the application meant the appeal could not succeed.

What the Inspector cited

Judgments
Ricki Sage v SoS for HCLG and LB of Bromley [2021] EWHC 2885 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in London Borough of Redbridge

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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