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Planning appeal decision

Notice varied and upheld9 January 20233284529

White Hart, 106 High Street, Orpington, BR6 0JY

Planning appeal 3284529 at White Hart, 106 High Street, Orpington, BR6 0JY (London Borough of Bromley) was allowed in part (a split decision) on 9 January 2023 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether a material change of use to a large HMO has occurred.

without planning permission, the material change of use of the two bedroom residential flat above the public house known as White Hart to a large HMO1 (Class Sui Generis) comprising of 14 rooms

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Shields T
Postcode
BR6 0JY

Main issues, as the Inspector framed them

  • Whether a material change of use to a large HMO has occurred
  • Whether the change of use constitutes a breach of planning control
  • Whether the use has been in continuous operation for 10 years to gain immunity from enforcement
  • Whether planning permission should be granted for the change of use
  • Whether the requirements of the enforcement notice are excessive
  • Whether the compliance period is reasonable

What decided it

Insufficient detailed information was submitted to properly assess the proposed HMO against the Council's planning policies, and the use had not been in continuous operation for 10 years to gain immunity from enforcement action.

What the Inspector cited

Development plan policies
Policy 9Policy 37

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.

See how each was applied

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.