16-18 Rossendale Street, Hackney, London, E5 9BW

Planning appeal 3304078 at 16-18 Rossendale Street, Hackney, London, E5 9BW (London Borough of Hackney) was allowed in part (a split decision) on 1 February 2024 by Inspector Blackwell J, following an inquiry. The main issue, as the Inspector framed it: Whether or not the material change of use of the land to a mixed-use comprising a waste management operation with associated parking and the stationing of a caravan for residential use, had occurred prior to the enforcement notice being issued.

Material change of use of the land to mixed-use comprising storage & distribution (B8) and residential (C3), amended to a mixed-use comprising a waste management operation with associated parking and the stationing of a caravan for residential use

Authority: London Borough of Hackney
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: other · Change of use
Inspector: Blackwell J
Postcode: E5 8TA

Main issues, as the Inspector framed them

Whether or not the material change of use of the land to a mixed-use comprising a waste management operation with associated parking and the stationing of a caravan for residential use, had occurred prior to the enforcement notice being issued
Whether the matters alleged in the enforcement notice were immune from enforcement at the time the enforcement notice was issued

What decided it

The appellant failed to discharge the burden of proof on either ground (b) or ground (d), as the evidence (photographs and witness testimony) showed the alleged waste management and residential caravan use had occurred and had not subsisted for ten years.

What the Inspector cited

Judgments: Coventry Scaffolding Co (London) Ltd v Parker [1987] JPL 127

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.

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The decision letter

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More decisions in London Borough of Hackney

The authority’s record since 2016 · every decision in 2024

Notice upheld23 September 20263368635
Flat 6, Brooks Lodge, 194A Hoxton Street, London, N1 5HU
Notice varied and upheld18 September 20263360724
2B Woodberry Down, Hackney, London, N4 2TG
Allowed17 August 20266010972
101 Dalston Lane, London, E8 1NH
Allowed14 July 20266004379
152 Bethune Road, London, N16 5DS
Dismissed14 May 20266003534
212 Millfields Road, London, E5 0AR

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.