89 Lewin Road, Lambeth, London, SW16 6JX

use of the second floor as a separate self-contained flat

Authority: London Borough of Lambeth
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Savage M

Main issues, as the Inspector framed them

Whether the use of the second floor as a self-contained flat commenced more than 4 years before the date of the application and has continued without significant interruption

What decided it

The tenancy agreements provided did not cover a consecutive period of at least 4 years, and the Council Tax evidence suggested the use as a flat commenced around April 2019, less than 4 years before the application date.

Judgments cited: Thurrock BC v SSETR & Holding [2002] EWCA Civ 226

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