Planning appeal decision
116 Carr Street, London, E14 7SU
Without planning permission, the material change of use of the property, shown outlined in red on the attached plan, from a single dwelling to a mixed use as a House in Multiple Occupation (HMO) and for short stay accommodation
- Authority
- London Borough of Tower Hamlets
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Lewis D
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.
Framework references: 11
Plan policies cited: London Plan Policy H1, London Plan Policy H9, London Plan Policy E10, London Plan Policy D6, Tower Hamlets Local Plan Policy S.H1, Tower Hamlets Local Plan Policy D.TC6, Tower Hamlets Local Plan Policy D.H3, Tower Hamlets Local Plan Policy D.DH8, Tower Hamlets Local Plan Policy D.ES9, Tower Hamlets Local Plan Policy D.H7
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.
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