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Planning appeal decision

Notice upheld23 May 20233288746

468 Kingsland Road, Hackney, LONDON, E8 4AE

1. The unauthorised change of use of the property to a Hot Food Takeaway (Sui Generis). 2. Alterations to the shop front including the installation of a retractable awning, the installation of an internally illuminated fascia sign and projecting sign, the installation of a board on the lower part of the shopfront and the relocation of the door to the right hand side of the shopfront. 3. The extension of the previously existing single storey rear extension by an additional 3m and the installation of a flue and HVAC unit on the roof

Authority
London Borough of Hackney
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Willows P

Main issues, as the Inspector framed them

  • Whether the matters stated in the enforcement notice constitute a breach of planning control (ground c)
  • Whether by the time the notice was issued it was too late to take enforcement action against the rear extension (ground d)

What decided it

The appellant failed to provide sufficient evidence to demonstrate either that the change of use was permitted development or that the rear extension was substantially completed more than four years before the enforcement notice was issued.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.