®Planning appeal decision
16 Elgin Road, Croydon, CR0 6XA
Planning appeal 3332881 at 16 Elgin Road, Croydon, CR0 6XA (London Borough of Croydon) was dismissed on 3 April 2025 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a LDC was well-founded, turning on whether the use of the maisonettes as HMOs was lawful because it wasn't a material change from the previous lawful use, or whether the use materially changed to HMOs when such a change was permitted development or ten or more years before the date of the application when such a change was not permitted development and then continued without material interruption for a period of at least ten years thereafter.
change of use from 2 x C4 Small HMOs to single Sui Generis HMO housing 7 people
- Authority
- London Borough of Croydon
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Jones R
- Postcode
- CR0 6XA
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a LDC was well-founded, turning on whether the use of the maisonettes as HMOs was lawful because it wasn't a material change from the previous lawful use, or whether the use materially changed to HMOs when such a change was permitted development or ten or more years before the date of the application when such a change was not permitted development and then continued without material interruption for a period of at least ten years thereafter
What decided it
The property was vacant from approximately August 2018 to February 2022, breaking any continuity of use required for the ten-year immunity period from enforcement action, and there was insufficient evidence that HMO use commenced on 1 January 2010 as claimed.
What the Inspector cited
- Judgments
- Impey v SSE & Lake District SPB [1981] JPL 363; [1984] P&CR 157; Welwyn Hatfield BC v SSCLG & Beesley [2011] UKSC 15
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in London Borough of Croydon
The authority’s record since 2016 · every decision in 2025
- Dismissed17 July 2026334357516 Elgin Road, Croydon, CR0 6XA
- Dismissed6 July 2026335222119 Cameron Road, Croydon, CR0 2SR
- Appeal Withdrawn23 June 20263370365Queens Hotel, 122 Church Road, London, SE19 2UG
- Notice varied and upheld13 April 202633403918 Grenaby Avenue, Croydon, CR0 2EG
- Dismissed13 April 2026334011316 Elgin Road, Croydon, CR0 6XA
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.