An inspector has dismissed an appeal due to a condition attached to the original planning permission

An inspector has dismissed an appeal due to a condition attached to the original planning permission

The enforcement appeal related to a large building in Chadwell Heath located within the London Borough of Redbridge. The building subject of the appeal was originally constructed as a cinema in 1940 but in 1966 planning permission was granted for the change of use to a bingo hall.

The use of the bingo hall ceased in 2014 and after refurbishment reopened to the public as a banqueting hall. The Council issued an enforcement notice in 2018 alleging that an unauthorised change of use had occurred.

The appellant appealed the notice and argued that no material change of use had occurred as both uses fell under use class D2.

The council argued that the 1966 planning permission allowed the conversion of the building to a bingo hall subject to a condition specifying that it could only be used as a bingo hall and for no other purpose. The council presented a copy of the 1966 decision notice and the document stated that “the premises shall only be used as part of the foyer and book sales area, in connection with the use of [the building] as a bingo club, and for no other purpose or use”.

The Inspector also noted that the appellant had previously applied for permission for the change of use to the building which was subsequently refused due to lack of detail on traffic and noise matters.

The Inspector concluded that the appellant was aware the change of use required planning approval and dismissed the appeal.

Further information on this interesting decision can be found here.

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24 June 2019

 

 

 

2019-06-26T14:38:31+00:00