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Planning appeal decision

Notice upheld24 November 20223228120

82 St. Margaret's Terrace, Plumstead, London, SE18 7RN

Planning appeal 3228120 at 82 St. Margaret's Terrace, Plumstead, London, SE18 7RN (Royal Borough of Greenwich) was dismissed on 24 November 2022 by Inspector Steen A, following an inquiry. The main issue, as the Inspector framed it: Whether the use of the property as seven flats has become lawful under Section 171B of the Town and Country Planning Act 1990.

Unauthorised conversion and material change of use of a single self-contained family dwelling house into 7 self-contained studio flats

Authority
Royal Borough of Greenwich
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Steen A
Postcode
SE18 7RN

Main issues, as the Inspector framed them

  • Whether the use of the property as seven flats has become lawful under Section 171B of the Town and Country Planning Act 1990

What decided it

The 2015 refurbishment required all flats to be vacated, causing a substantial interruption in occupation that reset the four-year immunity period before any flat had reached four years' continuous use.

What the Inspector cited

Judgments
Ocado Retail Ltd v Islington LBC [2021] EWHC 1509 (Admin); Bansal v SSHCLG & LB of Hounslow (IP) [2021] EWHC 1604 (Admin); Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Swale BC v FSS & Lee [2005] EWCA Civ 1568; Islington LBC v SSHCLG [2019] EWHC 2691 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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The authority’s record since 2016 · every decision in 2022

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; 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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