®Planning appeal decision
1 Stanlake Mews, London, W12 7HA
Planning appeal 3259107 at 1 Stanlake Mews, London, W12 7HA (London Borough of Hammersmith and Fulham) was allowed on 10 September 2021 by Inspector Renaudon L, following an inquiry. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate was well-founded, or put another way whether the use contended for by the appellant (or any other use) existed on the date of the application and was lawful such that a certificate should be issued.
Continued use of the property as Class B8 (Storage and Distribution) with ancillary office, showroom, studio and servicing/repairs facilities. Summary
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Renaudon L
- Postcode
- W12 7HA
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate was well-founded, or put another way whether the use contended for by the appellant (or any other use) existed on the date of the application and was lawful such that a certificate should be issued
- First, what was the use of the application site begun on or before July 2007 - is this the same as the use specified in the application and is it sufficiently particularised
- Secondly, was that use carried on for an uninterrupted period of at least 10 years such that the Council could have issued an enforcement notice at any time during the whole of that 10 year period from July 2007 to July 2017
- Thirdly, had there been any significant supervening event since the expiry of the 10 year period, if that immunity period is established, such that any acquired use rights had been lost by the date of the application
- Alternatively was a use begun before December 2009 and carried on without interruption until the date of the application
What decided it
The Inspector's finding that the lawful use established and continued at the site matched the 1970 s.43 determination description (encompassing repair, servicing, testing, storage and distribution) rather than the appellant's claimed pure Class B8 storage/distribution use, and that this use had not been lost or superseded by the date of the application.
What the Inspector cited
- Judgments
- R (Ocado Retail Ltd) v LB Islington and others [2021] EWHC 1509 (Admin); LB Islington v SSHCLG [2019] EWHC 2691 (Admin), [2020] JPL 532; Basingstoke and Deane Borough Council v SSCLG [2009] EWHC 1012 (Admin); Ellis v SSCLG [2009] EWHC 634 (Admin); Swale BC v SSE [2005] EWCA Civ 1568, [2006] JPL 886; Thurrock BC v SSE [2002] EWCA Civ 226, [2002] JPL 1278; Main v Secretary of State for the Environment (1999) 77 P&CR 300; Panton & Farmer v SSETR (1998) 78 P&CR 186; Nicholson v Secretary of State for the Environment (1998) 76 P&CR 191; Gabbitas v Secretary of State for the Environment [1985] JPL 630; Impey v SSE (1984) 47 P&CR 157; Farm Facilities v SSE [1981] JPL 42
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 appliedThe decision letter
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With an account
What an account adds to this decision
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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.