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Planning appeal decision

Allowed8 July 20213268051

369 Firs Lane, London, N13 5LX

Planning appeal 3268051 at 369 Firs Lane, London, N13 5LX (London Borough of Enfield) was allowed on 8 July 2021 by Inspector Rogers B, by written representations. The main issue, as the Inspector framed it: Whether the side extension to the property has been in continuous use as a self-contained flat for more than 4 years prior to the date of application, such that the use is lawful under section 191(2) of the Town and Country Planning Act 1990.

use of side of property as 1 self-contained flat

Authority
London Borough of Enfield
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Rogers B
Postcode
N13 5LX

Main issues, as the Inspector framed them

  • Whether the side extension to the property has been in continuous use as a self-contained flat for more than 4 years prior to the date of application, such that the use is lawful under section 191(2) of the Town and Country Planning Act 1990

What decided it

The appellant's documentary evidence of tenancy agreements, rental payments and supporting affidavits, unchallenged by the Council, was sufficient to establish continuous occupation for more than 4 years on the balance of probability.

The decision letter

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More decisions in London Borough of Enfield

The authority’s record since 2016 · every decision in 2021

  1. Dismissed27 October 20266012855
    77 Conway Road, London, N14 7BD
  2. Dismissed21 October 20266010541
    2 Queen Annes Grove, Enfield, EN1 2JP
  3. Allowed20 October 20266009773
    28 Wolves Lane, London, N13 6DR
  4. Dismissed29 September 20266010207
    61 Hawthorn Road, London, N18 1EY
  5. Dismissed28 September 20266012598
    21 Merrivale, London, N14 4TE

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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