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Planning appeal decision

Notice varied and upheld4 February 20223277763

78 Downham Way, Bromley, BR1 5NX

Planning appeal 3277763 at 78 Downham Way, Bromley, BR1 5NX (London Borough of Lewisham) was allowed in part (a split decision) on 4 February 2022 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: Whether a material change of use from residential to short term holiday letting as two self-contained apartments had occurred as a matter of fact.

the Change of use of 78 Downham Way London BR1 5NX from residential (C3 Use Class) to a Sui Generis short term holiday letting use, consisting of 2 apartments (1 x 1 bedroom and 1x 3 bedroom) without the benefit of planning permission

Authority
London Borough of Lewisham
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Satheesan R
Postcode
BR1 5NX

Main issues, as the Inspector framed them

  • Whether a material change of use from residential to short term holiday letting as two self-contained apartments had occurred as a matter of fact
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The evidence of the property being advertised as two separate holiday lets with independent facilities and access, combined with the layout observed during the site visit, demonstrated a material change of use had occurred, and the enforcement notice requirements were necessary to remedy this breach.

The decision letter

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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.

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