116 Carr Street, London, E14 7SU

Main issues, as the Inspector framed them

• Whether the use of the property as a mixed use for a HMO and for short stay accommodation has occurred as a matter of fact (ground b)
• Whether the use of the property for a mixed use amounts to a breach of planning control (ground c)
• Whether the mixed use has gained immunity from enforcement action through the passage of time (ground d)
• The effect of the development on existing housing stock, housing supply and the ability to meet housing needs within the Borough; whether the living accommodation is of an adequate standard having particular regard to internal space standards and the amenity of the occupiers and neighbouring residents; and the appellant's personal circumstances and accommodation requirements (ground a)
• Whether the requirements of the enforcement notice are excessive to achieve the purpose of the notice (ground f)
• Whether the compliance period is reasonable and proportionate (ground g)
• Whether the Council's decision to refuse to issue a certificate of lawful use or development is well-founded (Appeal B)

What decided it

The internal space standards achieved in the property were substantially below those required by the development plan, with all bedrooms undersized and inadequate privacy for residents, which combined with the loss of family housing stock and the mixed use contrary to policy, rendered the development unacceptable.