®Planning appeal decision
40 Frith Road, London, E11 4EY
Planning appeal 3288008 at 40 Frith Road, London, E11 4EY (Waltham Forest London Borough Council) was allowed on 8 July 2022 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: 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.
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 ”
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Hawkins S
- Postcode
- E11 4EY
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 decision letter
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With an account
What an account adds to this decision
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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.