®Planning appeal decision
41 Lister Road, Leytonstone, E11 3DS
Planning appeal 3370472 at 41 Lister Road, Leytonstone, E11 3DS (Waltham Forest London Borough Council) was dismissed on 17 September 2026 by Inspector Goldberg V, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse the application for an LDC was well-founded, with particular regard to whether limited and controlled photoshoots and product branding activities for up to 90 days per calendar year, would be incidental to the enjoyment of the dwelling house with associated vehicle and personnel restrictions.
- Appeal type
- Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Other minor developments
- Inspector
- Goldberg V
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse the application for an LDC was well-founded, with particular regard to whether limited and controlled photoshoots and product branding activities for up to 90 days per calendar year, would be incidental to the enjoyment of the dwelling house with associated vehicle and personnel restrictions
What decided it
The proposed photoshoots and product branding activities arise from the appellant's business or promotional arrangements rather than from a function commonly or ordinarily expected in connection with residential occupation, and therefore do not constitute an incidental use of the dwellinghouse.
What the Inspector cited
- Judgments
- Sage v Secretary of State for Housing, Local Government and Communities [2021] EWHC 2885 (Admin); Morris v Wrexham CBC [2001] EWHC Admin 697; [2002] P&CR 7; Marshall v Nottingham Corporation and East Barnet District Council v British Transport Commission [1960] 1 All E.R. 666E; [1962] 2 Q.B. 484; Burdle v Secretary of State for the Environment [1972] 1 WLR 1027; Devonshire County Council v Allens Caravan (Estates) Limited [1962] 61 LGR; Wallington v Secretary of State for Wales [1990] 11 WLUK 77; Hertfordshire County Council v Secretary of State for Communities and Local Government [2012] EWHC 277 (Admin); R v Secretary of State for the Environment, ex parte Newbury District Council [1981]
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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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.