®Planning appeal decision
Allowed18 November 20243315007
Flat 6, Cedar Court, 267 Hainault Road, LONDON, E11 1ET
existing use of property as a house in multiple occupation (HMO)(Use Class C4)
- Authority
- Waltham Forest London Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Fleming D
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 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.