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Planning appeal decision

Dismissed7 January 20223275220

117 Praed Street, LONDON, W2 1RL

A1 Shop – retention of existing roller shutter

Authority
City of Westminster Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
Jones R

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.

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.