10 Wilderton Road, Hackney, London, N16 5QZ

Without planning permission, the material change of use from dwellinghouse (C3) to a mixed use comprising synagogue F1(f) and a residential maisonette (C3)

Authority: London Borough of Hackney
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: community-institutional · Change of use
Inspector: Pleasant L

Main issues, as the Inspector framed them

The main issue in a ground (b) appeal is whether as a matter of fact the Land was in use as a mixed use comprising a synagogue and a dwellinghouse
If those matters did occur, the ground (c) is that those matters do not constitute a breach of planning control

What decided it

The Inspector found that, as a matter of fact and degree, the use of the prayer room by the Appellant's extended family was incidental to the lawful use of the property as a dwellinghouse, so no material change of use had occurred.

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