11 Anderson Mount, LEEDS, LS8 5EQ

use of basement as a self-contained residential flat (C3 use)

Authority: Leeds City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Madge M

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawful use or development is well founded, turning on whether the appellant can show that the use of the basement as a self-contained residential flat was lawful at the date of application

What decided it

The appellant failed to discharge the burden of proof on the balance of probability that the basement was first used as a self-contained flat on or before the material date and that such use continued without significant interruption for any 4-year period.

Judgments cited: Gabbitas v SSE & Newham LBC [1985] JPL 630

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