154 Selwyn Avenue, London, E4 9LS

Planning appeal 3323963 at 154 Selwyn Avenue, London, E4 9LS (Waltham Forest London Borough Council) was dismissed on 30 July 2024 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded, turning on whether the appellant can demonstrate on the balance of probabilities that the change of use to a small house in multiple occupation took place more than ten years before the date of the application and continued without significant interruption thereafter, so as to be immune from enforcement action.

use of property as a small 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 · Minor Dwellings
Inspector: Pleasant L
Postcode: E4 9LS

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded, turning on whether the appellant can demonstrate on the balance of probabilities that the change of use to a small house in multiple occupation took place more than ten years before the date of the application and continued without significant interruption thereafter, so as to be immune from enforcement action

What decided it

The tenancy agreements each related to single occupiers only with no evidence of multiple unrelated persons occupying the property at the same time, and agreements from 2015 onwards explicitly prohibited subletting and multiple occupation, meaning the property could not be demonstrated to have been in use as an HMO for the required ten-year period.

The decision letter

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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.