First Floor Flat 2, 76 Ruckholt Road, Leyton, London, E10 5NP

Planning appeal 3304365 at First Floor Flat 2, 76 Ruckholt Road, Leyton, London, E10 5NP (Waltham Forest London Borough Council) was dismissed on 23 January 2024 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the change of use was lawful because it was not a material change from the previous lawful use or whether the use materially changed to a HMO either ten or more years before the application date with ten years continuous use thereafter to meet immunity from enforcement action, or when such change was permitted development.

use of first floor flat as house in multiple occupation (HMO) comprised of four bedrooms (Use Class C4)

Authority: Waltham Forest London Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Jones R
Postcode: E10 5NP

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the change of use was lawful because it was not a material change from the previous lawful use or whether the use materially changed to a HMO either ten or more years before the application date with ten years continuous use thereafter to meet immunity from enforcement action, or when such change was permitted development

What decided it

The appellant's evidence was insufficiently precise and unambiguous to demonstrate that the use as a HMO would have been lawful on the balance of probabilities, with significant gaps in the tenancy records and no evidence of continuous use for the required ten-year immunity period.

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.