18 Borthwick Road, Stratford, LONDON, E15 1UD

as a house in multiple occupation (HMO) (Use Class 4)

Authority: Waltham Forest London Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Jarratt P

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, having regard to an Article 4 Direction which came into effect on 16 September 2014 removing permitted development rights for conversion of single family dwellings to small-scale HMOs

What decided it

The appellant failed to demonstrate on the balance of probabilities that the change of use to an HMO occurred prior to 15 September 2014 and continued uninterrupted thereafter, as the evidence for the pre-critical date period was vague and inadequate with only an unsupported letter from the previous owner.

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