®Planning appeal decision
40 Frith Road, LONDON, E11 4EY
described as: “This 2-storey property has been used as small HMO since December 2011. There was no breach when this HMO was created. It was only after we applied for additional HMO licence under the reference WAL-198563-1 back in April 2020 when we were prompted by LBWF to regularise the planning status of this property ”
- Authority
- Waltham Forest London Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Hawkins S
Main issues, as the Inspector framed them
- Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant has shown that on the balance of probability the use of the appeal property as a House in Multiple Occupation (HMO) within Class C4 was lawful at the date of the application
What decided it
The tenancy agreements and room history documents, when cross-referenced, provided sufficiently precise and unambiguous evidence that the property was in continuous use as a Class C4 HMO from prior to 16 September 2014 and therefore constituted permitted development under the GPDO.
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.