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Planning appeal decision

Quashed On Legal Grounds6 February 20263338560

23 Moor Lane, Upminster, RM14 1EB

Planning appeal 3338560 at 23 Moor Lane, Upminster, RM14 1EB (London Borough of Havering) was decided (quashed on legal grounds) on 6 February 2026 by Inspector Ghafoor A, by written representations. The main issue, as the Inspector framed it: Whether the use of the outbuilding as a commercial gym constitutes a material change of use requiring planning permission, or whether it falls within the exemption for uses incidental to the enjoyment of a dwellinghouse under section 55(2)(d) of the Town and Country Planning Act 1990.

Material change of use from single dwelling to mixed use as dwelling and commercial gym (sui generis)

Authority
London Borough of Havering
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Ghafoor A
Postcode
RM14 1EB

Main issues, as the Inspector framed them

  • Whether the use of the outbuilding as a commercial gym constitutes a material change of use requiring planning permission, or whether it falls within the exemption for uses incidental to the enjoyment of a dwellinghouse under section 55(2)(d) of the Town and Country Planning Act 1990

What decided it

The extent, nature and scale of the personal training business activities, evidenced by limited customer visitations and predominantly online delivery, fall within the exemption for uses incidental to the enjoyment of a dwellinghouse under section 55(2)(d) of the Act and do not constitute a material change of use requiring planning permission.

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More decisions in London Borough of Havering

The authority’s record since 2016 · every decision in 2026

  1. Notice varied and upheld4 August 20263360522
    22 Nelmes Crescent, Hornchurch, RM11 2QB
  2. Dismissed4 August 20263359688
    30 Crow Lane, Romford, RM7 0EL
  3. Planning permission granted29 July 20263367840
    5A Myrtle Road, Romford, RM3 8XS
  4. Notice upheld25 June 20263358682
    Chalkfields Tomkyns Lane, Upminster, RM14 1TP
  5. Split Decision23 June 20263377437
    Land Ne Side of Church Road, Noak Hill, Romford, Essex, RM4 1LD

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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