Appeal Part Allowed — the UK
APP/E5900/C/25/3373372
111A Commercial Road, E1 1RD
In the appeal decision regarding the enforcement notice issued by the London Borough of Tower Hamlets for the property at 111A Commercial Road, the main issue was the alleged material change of use from a café/coffee shop (Class E) to a takeaway (sui-generis) without planning permission. The appellant, Mr. Aziz Rahman of Hungry Cow Ltd, contested the three-month compliance period set by the notice, arguing for an extension to six months to facilitate a pre-application for a mixed-use proposal and to assist employees in finding alternative jobs. The Inspector noted that two previous planning applications for the takeaway had been refused due to the site's proximity to schools, which contravened development plan policies aimed at limiting takeaways near educational institutions. The Inspector emphasized that extending the compliance period would not be reasonable, as it would prolong the availability of unhealthy food to school-aged children, negatively impacting their health and wellbeing. While acknowledging the potential job loss for two employees, the Inspector concluded that the health implications of the takeaway's operation outweighed the benefits of providing additional time for employment transition. Consequently, the appeal was dismissed, and the enforcement notice was upheld, maintaining the requirement to cease the takeaway use within the original three-month timeframe.

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