Planning appeal decision
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
- Authority
- London Borough of Tower Hamlets
- 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.
The decision letter
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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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