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Planning appeal decision

Notice varied and upheld6 December 20243333089

7 St. Mary Road, Walthamstowe, London, E17 9RG

Planning appeal 3333089 at 7 St. Mary Road, Walthamstowe, London, E17 9RG (Waltham Forest London Borough Council) was allowed in part (a split decision) on 6 December 2024 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: Whether there has been a material change of use of the property to self-contained flats.

without planning permission, the material change of use of the dwelling house to use as a mixed composite use of a HMO comprising of three bedrooms on the ground floor and four self-contained flats (Two on the first floor and two on the second floor)

Authority
Waltham Forest London Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Fleming D
Postcode
E17 9RG

Main issues, as the Inspector framed them

  • Whether there has been a material change of use of the property to self-contained flats
  • Whether the occupation of the ground floor flat by three unrelated individuals constituted a material change of use to C4 HMO
  • Whether the development became immune from enforcement action by virtue of the four-year time limit under section 171B(2) of the Town and Country Planning Act 1990
  • Whether the appellant's conduct amounted to positive deception disentitling him from benefitting from the time limit provisions

What decided it

The appellant's deliberate and positive deception in matters integral to the planning process, including false statements on the PRPL application and the Prior Approval application, disentitled him from benefitting from the four-year time limit immunity under section 171B(2).

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More decisions in Waltham Forest London Borough Council

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

  1. Notice varied and upheld27 April 20263345263
    66 Huxley Road, London, E10 5QU
  2. Notice varied and upheld20 April 20263347896
    79 Rosebank Road (Unit 79), London, E17 8NH
  3. Dismissed15 December 20253353405
    33 Barclay Road, Leytonstone, London, E11 3DQ
  4. Notice upheld4 November 20253368239
    Basement & Ground Floor , 267 High Road , Leyton, London, E10 5QN
  5. Notice varied and upheld15 October 20253348603
    170 Station Road, Chingford, E4 6AN

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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