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Planning appeal decision

Notice upheld20 May 20243326180

184 Portway, London, E15 3QW

Planning appeal 3326180 at 184 Portway, London, E15 3QW (London Borough of Newham) was dismissed on 20 May 2024 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice, being a material change of use to a Sui Generis HMO, commenced ten years or more before the date of issue of the enforcement notice and has continued since.

Without planning permission, the material change of use to a Sui Generis house in multiple occupation (HMO)

Authority
London Borough of Newham
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
King T
Postcode
E15 3QW

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice, being a material change of use to a Sui Generis HMO, commenced ten years or more before the date of issue of the enforcement notice and has continued since

What decided it

The significant nine to ten month break in the HMO use between January 2017 and November 2017 constituted a material cessation rather than a mere pause, causing any previously accrued lawful use rights to be lost.

The decision letter

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More decisions in London Borough of Newham

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld3 September 20263363772
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  2. Notice varied and upheld10 August 20263362536
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  3. Notice upheld5 August 20263362879
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  4. Notice varied and upheld4 August 20263358326
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  5. Notice upheld30 July 20263332539
    86 Thackeray Road, London, E6 3BW

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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