20 Sextant Avenue, LONDON, E14 3DX

house in multiple occupation (HMO), Use Class C4

Authority: London Borough of Tower Hamlets
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Fleming D

Main issues, as the Inspector framed them

Whether the appellant can show, on the balance of probabilities, that the material change of use to Class C4 occurred before the Article 4 Direction came into force on 1 January 2021
Whether the appellant can show that the lawful use sought has continued without any other intervening uses until the date of the application, so as to be immune from enforcement action

What decided it

The appellant established that a material change of use to Class C4 HMO had occurred before 1 January 2021 when the Article 4 Direction came into force, and that the use continued without interruption until the date of application, making it immune from enforcement action.

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