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Planning appeal decision

Dismissed7 January 20223275220

117 Praed Street, London, W2 1RL

Planning appeal 3275220 at 117 Praed Street, London, W2 1RL (City of Westminster Council) was dismissed on 7 January 2022 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development for the roller shutter was well-founded, turning on whether the operational development was substantially completed four years before the date of the LDC application.

A1 Shop – retention of existing roller shutter

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Jones R
Postcode
W2 1RL

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate of lawful use or development for the roller shutter was well-founded, turning on whether the operational development was substantially completed four years before the date of the LDC application

What decided it

Photographic evidence demonstrating that the external roller shutter visible in 2020 was materially different from the internal shutter shown in 2018 and 2016 photographs, such that the appellant failed to prove on the balance of probabilities that the external shutter had been substantially completed four years before the application date.

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