304 Grove Green Road, LONDON, E11 4EA
Waltham Forest London Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 25 July 2025
- Authority
- Waltham Forest London Borough Council
- Inspector
- Livingstone C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Change of use
- Appellant
- Mr Leible Twersky
- LPA reference
- 242041
- ONS LPA code
- E09000031
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 3 December 2024
Summary AI
The appeal for a change of use from a commercial property to a residential flat was dismissed due to inaccurate plans and potential non-compliance with conditions.
PDF text
304 Grove Green Road, LONDON, E11 4EA — Waltham Forest London Borough Council — Appeal Decision Site visit made on 10 June 2025 by C Livingstone MA(SocSci) (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 25th July 2025 Appeal Ref: APP/U5930/W/24/3355045 304 Grove Green Road, Leytonstone, Waltham Forest E11 4EA • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Mr L Twersky against the decision of Waltham Forest London Borough Council. • The application Ref is 242041. • The development proposed is change of the basement shop to a flat. Decision 1. The appeal is dismissed. Preliminary Matters 2. Article 3(1) and Schedule 2, Part 3, Class MA, of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (“the GPDO”) provides for a permitted development right for the change of use of a building falling within use class E (Commercial, Business and Service) to class C3 (Dwellinghouses). This is subject to limitations and conditions, as set out in subsequent paragraphs of Class MA. 3.
304 Grove Green Road, LONDON, E11 4EA — Waltham Forest London Borough Council — Appeal Decision Paragraph W of the GPDO details the information that is required as part of the procedure for applications for prior approval under Part 3. Section W (2) states that | | a floor plan indicating the total floor space | | --- | --- | | in square metres of each dwellinghouse, the dimensions and proposed use of each | | | room, the position and dimensions of windows, doors and walls, and the elevations | | | of the dwellinghouses. | | of the dwellinghouses.
304 Grove Green Road, LONDON, E11 4EA — Waltham Forest London Borough Council — Appeal Decision of the dwellinghouses. | In this instance the existing and proposed elevations indicate that the front | | --- | | elevation of the building would remain unaltered; and that the ground floor of the | | front elevation is fitted with a large shop window. Further, the Analysis of site layout | | for Sunlight and Daylight prepared by Morgan Light Assessor (August 2024), | | submitted in support of the proposal, was based on the large shop window being | | retained. | retained.
304 Grove Green Road, LONDON, E11 4EA — Waltham Forest London Borough Council — Appeal Decision retained. | However, at the time of my site visit the front elevation of the building did not reflect | | --- | | the plans before me and the ground floor of the front elevation had been altered. | | The shop window was replaced by two small windows with the remainder of the | | opening finished in facing brick. | opening finished in facing brick. https://www.gov.uk/planning-inspectorate Appeal Decision APP/U5930/W/24/3355045 | Further, in light of the external alterations to the building I cannot be certain that the | | --- | | Prior Approval granted under application 240832 for the change of use of 304 | | Grove Green Road from Class E to C3 has not been implemented. |
304 Grove Green Road, LONDON, E11 4EA — Waltham Forest London Borough Council — Appeal Decision | Further, in light of the external alterations to the building I cannot be certain that the | | --- | | Prior Approval granted under application 240832 for the change of use of 304 | | Grove Green Road from Class E to C3 has not been implemented. | Grove Green Road from Class E to C3 has not been implemented. 7. Due to the inaccuracy of the submitted plans, and possibly the supporting information, there is insufficient evidence to establish whether the proposed development complies with the conditions, limitations, or restrictions specified in paragraphs MA.1, MA.2 and MA.3 of the GPDO. Conclusion 8. For the reasons given above the appeal should be dismissed.
304 Grove Green Road, LONDON, E11 4EA — Waltham Forest London Borough Council — C Livingstone INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Living conditions Against appellant ¶2
The Inspector highlighted that the front elevation of the building did not match the submitted plans, with the ground floor altered and the shop window replaced with small windows.
Planning obligations Against appellant ¶7
The Inspector was uncertain if the prior approval for the change of use had been implemented due to the external alterations to the building.
Planning obligations Against appellant ¶8
The Inspector concluded that the appeal should be dismissed due to the inaccuracy of the submitted plans and the potential non-compliance with conditions.
Policies relied on
| Reference | Weight |
|---|---|
| GPDO 208 |
Unclear |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 25 July 2025 under the Open Government Licence.