680 Forest Road, Walthamstow, London, E17 3ED

Planning appeal 3315876 at 680 Forest Road, Walthamstow, London, E17 3ED (Waltham Forest London Borough Council) was allowed on 21 November 2024 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision was well-founded, turning on: (i) whether the appellant can demonstrate on the balance of probabilities that the change of use to a C4 HMO occurred before the Article 4 Direction came into effect on 16 September 2014; and (ii) whether the appellant can show that the C4 HMO use continued and was not abandoned or lost until the date of the application.

described as “Use of the ground and first floor of the property as a house in multiple occupation for 5 persons and the use of the second floor of the property as a studio flat”

Authority: Waltham Forest London Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Fleming D
Postcode: E17 3ED

Main issues, as the Inspector framed them

Whether the Council's decision was well-founded, turning on: (i) whether the appellant can demonstrate on the balance of probabilities that the change of use to a C4 HMO occurred before the Article 4 Direction came into effect on 16 September 2014; and (ii) whether the appellant can show that the C4 HMO use continued and was not abandoned or lost until the date of the application

What decided it

The appellant's handwritten rent records, corroborated by tenancy agreements and former tenants' affidavits, established on the balance of probabilities that the C4 HMO use had existed since at least February 2007 and continued uninterrupted until the application date, making it immune from enforcement action.

The decision letter

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

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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.