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Invalid12 August 20223292210

110 Whitechapel Road, London, E1 1JE

Planning appeal 3292210 at 110 Whitechapel Road, London, E1 1JE (London Borough of Tower Hamlets) was decided (invalid) on 12 August 2022 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control (material change of use to HMO) had in fact occurred at the date of the enforcement notice.

Material change of use of the first, second, and third floor from storage to a 6-room House in Multiple Occupation

Authority
London Borough of Tower Hamlets
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Whalley J
Postcode
E1 1JE

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control (material change of use to HMO) had in fact occurred at the date of the enforcement notice

What decided it

The enforcement notice was issued in relation to a prospective breach of planning control (intended future use as an HMO) rather than an actual breach that had occurred, making it a nullity under the Town and Country Planning Act 1990.

What the Inspector cited

Judgments
R v Rochester-upon-Medway CC ex-parte Hobday [1990] JPL 17; [1990] JPL 923

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Tower Hamlets

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld30 September 20263368399
    232 Whitechapel Road, London, E1 1BJ
  2. Notice varied and upheld30 September 20263361722
    48A White Horse Road, London, E1 0ND
  3. Notice upheld22 September 20263364213
    102 White Horse Lane, London, E1 4LR
  4. Notice varied and upheld10 August 20263371116
    98 Mile End Road , London, E1 4UN
  5. Notice varied and upheld4 August 20263361455
    106 Roman Road, London, E2 0RN

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.