59 Wise Road, LONDON, E15 2TG

described as ‘Established as an HMO more than 4 years prior to application’. Summary

Authority: London Borough of Newham
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Bond V

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 existing use described in application documents was lawful as at the date of the LDC application

What decided it

The appellant failed to provide sufficiently precise and detailed evidence to demonstrate that the HMO use had been continuous and lawful for the required immunity period, and could not rely on the 4-year immunity period as it applies only to changes of use to a single dwellinghouse, not HMOs.

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