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Planning appeal decision

Dismissed14 October 20213254174

89 Lewin Road, Lambeth, London, SW16 6JX

Planning appeal 3254174 at 89 Lewin Road, Lambeth, London, SW16 6JX (London Borough of Lambeth) was dismissed on 14 October 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
SW16 6JX

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.

What the Inspector cited

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

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.

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The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.