®Planning appeal decision
Flat 6, Cedar Court, 267 Hainault Road, London, E11 1ET
Planning appeal 3315007 at Flat 6, Cedar Court, 267 Hainault Road, London, E11 1ET (Waltham Forest London Borough Council) was allowed on 18 November 2024 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 change of use to a C4 HMO occurred before the confirmation of an Article 4 Direction on 16 September 2014, which removed a permitted development right.
existing use of property as a house in multiple occupation (HMO)(Use Class C4)
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Fleming D
- Postcode
- E11 1ET
Main issues, as the Inspector framed them
- Whether the appellant can show, on the balance of probabilities, that the change of use to a C4 HMO occurred before the confirmation of an Article 4 Direction on 16 September 2014, which removed a permitted development right
- Whether the appellant can show that the lawful use sought continued until the date of the application, so as to be immune from enforcement action
What decided it
The statutory declarations from occupiers of adjacent flats, combined with the earliest tenancy agreements and other corroborating evidence, established on the balance of probabilities that the C4 HMO use was established before the Article 4 Direction came into force and continued to the application date.
The decision letter
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With an account
What an account adds to this decision
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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.