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Planning appeal decision

Allowed6 March 20233296170

20 Sextant Avenue, London, E14 3DX

Planning appeal 3296170 at 20 Sextant Avenue, London, E14 3DX (London Borough of Tower Hamlets) was allowed on 6 March 2023 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: 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.

house in multiple occupation (HMO), Use Class C4

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Fleming D
Postcode
E14 3DX

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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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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