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Planning appeal decision

Notice varied and upheld11 April 20233291088

32 Church Lane, Leytonstone, London, E11 1HG

Planning appeal 3291088 at 32 Church Lane, Leytonstone, London, E11 1HG (Waltham Forest London Borough Council) was allowed in part (a split decision) on 11 April 2023 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control stated in the enforcement notice had occurred by the date of issue on 17 January 2022.

Without planning permission, the material change of use of the Land from a restaurant (Use Class E) to a mixed composite use comprising a shisha lounge (Use Class Sui Generis) and restaurant together with the associated development to erect a ventilation structure above the existing single storey extension to facilitate the change of use

Authority
Waltham Forest London Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Douglas L
Postcode
E11 1HG

Main issues, as the Inspector framed them

  • Whether the breach of planning control stated in the enforcement notice had occurred by the date of issue on 17 January 2022

What decided it

The balance of probabilities evidence, including the prior planning application description and website advertising shortly before and after the enforcement notice issue date, established that the breach of planning control had occurred before the notice was issued.

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

  1. Notice varied and upheld27 April 20263345263
    66 Huxley Road, London, E10 5QU
  2. Notice varied and upheld20 April 20263347896
    79 Rosebank Road (Unit 79), London, E17 8NH
  3. Dismissed15 December 20253353405
    33 Barclay Road, Leytonstone, London, E11 3DQ
  4. Notice upheld4 November 20253368239
    Basement & Ground Floor , 267 High Road , Leyton, London, E10 5QN
  5. Notice varied and upheld15 October 20253348603
    170 Station Road, Chingford, E4 6AN

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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