®Planning appeal decision
33 Barclay Road, Leytonstone, London, E11 3DQ
Planning appeal 3353405 at 33 Barclay Road, Leytonstone, London, E11 3DQ (Waltham Forest London Borough Council) was dismissed on 15 December 2025 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the use of the property as an HMO commenced before 16 September 2014 and has subsisted continuously to the date of application, such that it is immune from enforcement action.
Retention of small House in Multiple Occupation (HMO) (Use Class C4)
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Braithwaite J
- Postcode
- E11 3DQ
Main issues, as the Inspector framed them
- Whether the use of the property as an HMO commenced before 16 September 2014 and has subsisted continuously to the date of application, such that it is immune from enforcement action
What decided it
The appellant failed to provide sufficient precise and unambiguous evidence that the HMO use commenced before 16 September 2014 and subsisted continuously to the application date, as the earliest tenancy agreement post-dated the Article 4 Direction and significant gaps existed in the continuity of occupation evidence.
The decision letter
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With an account
What an account adds to this decision
More decisions in Waltham Forest London Borough Council
The authority’s record since 2016 · every decision in 2025
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- Notice upheld4 November 20253368239Basement & Ground Floor , 267 High Road , Leyton, London, E10 5QN
- Notice varied and upheld15 October 20253348603170 Station Road, Chingford, E4 6AN
- Notice varied and upheld23 September 20253326263245 Sinclair Road, London, E4 8PS
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.