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Planning appeal decision

Notice upheld27 May 20253319475

29 Ernald Avenue, London, E6 3AL

Planning appeal 3319475 at 29 Ernald Avenue, London, E6 3AL (London Borough of Newham) was dismissed on 27 May 2025 by Inspector Ghafoor A, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is invalid because it does not specify the use from which the alleged material change of use has occurred (ground c).

Material change of use to a Use Class C4 house in multiple occupation (HMO)

Authority
London Borough of Newham
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Ghafoor A
Postcode
E6 3AL

Main issues, as the Inspector framed them

  • Whether the enforcement notice is invalid because it does not specify the use from which the alleged material change of use has occurred (ground c)
  • Whether at the date the notice was issued, no enforcement action could be taken in respect of the breach (ground d)
  • Whether the period for compliance with the notice is too short (ground g)

What decided it

The appellants failed to discharge the burden of proof on ground (d) by providing sufficiently precise and unambiguous evidence that the HMO use commenced before the relevant limitation date and continued uninterrupted for the required period.

What the Inspector cited

Judgments
Miller-Mead v MHLG [1963] 2 WLR; Ferris v SSE [1989] 57 P&CR 127

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in London Borough of Newham

The authority’s record since 2016 · every decision in 2025

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  5. Notice upheld30 July 20263332539
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.