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Planning appeal decision

Notice varied and upheld1 December 20223284495

Land at 31 Belvedere Road, London, E10 7NW

Planning appeal 3284495 at Land at 31 Belvedere Road, London, E10 7NW (Waltham Forest London Borough Council) was allowed in part (a split decision) on 1 December 2022 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the material change of use from Class C3 dwelling to HMO constitutes a breach of planning control.

without planning permission, the material change of use of the land from a Class C3 (dwellinghouse) use to a House in Multiple Occupation (HMO) use

Authority
Waltham Forest London Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hawkins S
Postcode
E10 7NW

Main issues, as the Inspector framed them

  • Whether the material change of use from Class C3 dwelling to HMO constitutes a breach of planning control
  • Whether it was too late to take enforcement action against the breach
  • Whether the notice requirements are excessive

What decided it

The enforcement notice was upheld as the material change of use to HMO without planning permission constituted a breach, but varied to delete the requirement to remove a bathroom as it was not integral to the unauthorised use.

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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