®Planning appeal decision
Dismissed23 January 20243304365
First Floor Flat 2, 76 Ruckholt Road, Leyton, LONDON, E10 5NP
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
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 main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.