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Planning appeal decision

Dismissed25 July 20243325772

59 Wise Road, London, E15 2TG

Planning appeal 3325772 at 59 Wise Road, London, E15 2TG (London Borough of Newham) was dismissed on 25 July 2024 by Inspector Bond V, 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 existing use described in application documents was lawful as at the date of the LDC application.

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

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Bond V
Postcode
E15 2TG

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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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.

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