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Planning appeal decision

Notice varied and upheld30 August 20223279805

98 Belmont Park Road, London, E10 6AY

Planning appeal 3279805 at 98 Belmont Park Road, London, E10 6AY (Waltham Forest London Borough Council) was allowed in part (a split decision) on 30 August 2022 by Inspector Madge M, by written representations. The main issue, as the Inspector framed it: Whether the use as two self-contained flats had been in existence for four years or more before the enforcement notice was issued, such that enforcement action could not be taken.

without planning permission: 1. The material change of use of the Land from single family dwellinghouse (Use Class C3) to, two self-contained residential flats (Use Class C3). 2. The associated building works to convert the Land from a single family dwellinghouse to two self-contained flats

Authority
Waltham Forest London Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Madge M
Postcode
E10 6AY

Main issues, as the Inspector framed them

  • Whether the use as two self-contained flats had been in existence for four years or more before the enforcement notice was issued, such that enforcement action could not be taken
  • Whether the compliance period of six months specified in the notice is reasonable

What decided it

The appellant failed to demonstrate on the balance of probability that the property had been continuously occupied as two self-contained flats for any four-year period before the enforcement notice was issued.

The decision letter

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More decisions in Waltham Forest London Borough Council

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

  1. Notice varied and upheld27 April 20263345263
    66 Huxley Road, London, E10 5QU
  2. Notice varied and upheld20 April 20263347896
    79 Rosebank Road (Unit 79), London, E17 8NH
  3. Dismissed15 December 20253353405
    33 Barclay Road, Leytonstone, London, E11 3DQ
  4. Notice upheld4 November 20253368239
    Basement & Ground Floor , 267 High Road , Leyton, London, E10 5QN
  5. Notice varied and upheld15 October 20253348603
    170 Station Road, Chingford, E4 6AN

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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