®Planning appeal decision
7 St. Mary Road, Walthamstowe, LONDON, E17 9RG
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
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).
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.