4b Clifton Terrace, Southend on Sea, Essex, SS1 1DT

Planning appeal 3287100 at 4b Clifton Terrace, Southend on Sea, Essex, SS1 1DT (Southend-on-Sea City Council) was dismissed on 10 August 2022 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of existing lawful use or development was well founded, turning on whether the appellant can demonstrate on the balance of probability that a change of use of Flats 4B and 4C to a single dwellinghouse took place more than four years before the date of the application and continued without significant interruption thereafter, so as to be immune from enforcement action.

the use of 4B and 4C Clifton Terrace as a single family dwelling

Authority: Southend-on-Sea City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Pleasant L
Postcode: SS1 1DT

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of existing lawful use or development was well founded, turning on whether the appellant can demonstrate on the balance of probability that a change of use of Flats 4B and 4C to a single dwellinghouse took place more than four years before the date of the application and continued without significant interruption thereafter, so as to be immune from enforcement action

What decided it

The Council Tax and Water Supply bills showing separate charges for both flats between 2010 and 2021, unexplained by the appellant, cast significant doubt on the claim of continuous occupation as a single dwelling and rendered the appellant's evidence insufficiently precise and unambiguous to meet the balance of probability test.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

206 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter — Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.

Searching the full text of appeal decision letters in the app — Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.

Start your free trial

More decisions in Southend-on-Sea City Council

The authority’s record since 2016 · every decision in 2022

Notice upheld7 September 20263344480
54-56 Arterial Road, Leigh-on-Sea, SS9 4DA
Notice varied and upheld4 September 20263349864
192 Manchester Drive, Leigh-on-Sea, SS9 3EX
Quashed On Legal Grounds25 June 20263344618
148-150 Hamlet Court Road, Westcliff on Sea, Essex, SS0 7LN
Dismissed5 December 20253353237
76 Park Road, Westcliff-on-Sea, Essex, SS0 7PQ
Notice varied and upheld21 November 20253357147
151 Hamlet Court Road, Westcliff-On-Sea, Essex, SS0 7EW

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.