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Planning appeal decision

Quashed On Legal Grounds19 October 20233290382

41 Mornington Road, London, E11 3BE

Planning appeal 3290382 at 41 Mornington Road, London, E11 3BE (Waltham Forest London Borough Council) was decided (quashed on legal grounds) on 19 October 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990.

Material change of use of dwellinghouse (C3) to mixed composite use consisting of House in Multiple Occupation (C4) comprising 3 bedrooms on first floor and 3 self-contained flats (2 on ground floor and 1 in loft)

Authority
Waltham Forest London Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Walker A
Postcode
E11 3BE

Main issues, as the Inspector framed them

  • Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990

What decided it

The enforcement notice was not properly served on all occupiers as required by section 172, as the Council sent only a single copy to 'The Occupiers' at the street door rather than serving named occupiers at their separate registered addresses, substantially prejudicing them.

The decision letter

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More decisions in Waltham Forest London Borough Council

The authority’s record since 2016 · every decision in 2023

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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.

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