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Planning appeal decision

Dismissed18 January 20233291522

7 Mackie Road, London, SW2 2ED

Planning appeal 3291522 at 7 Mackie Road, London, SW2 2ED (London Borough of Lambeth) was dismissed on 18 January 2023 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse a certificate of lawful use or development was well founded, specifically whether the use involved development requiring planning permission and whether the application was made after the end of the 4-year enforcement period.

described as: “Self contained flat on ground floor of property 7 Mackie Road. This are is an existing part of the building and has not had any extension work or structural changes. Comprises of 2 main rooms used as a bedroom & lounge also a small kitchen, shower/wc, externally an entrance yard and a rear yard. Prior to purchase this area was a garage

Authority
London Borough of Lambeth
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Harwood A
Postcode
SW2 2ED

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse a certificate of lawful use or development was well founded, specifically whether the use involved development requiring planning permission and whether the application was made after the end of the 4-year enforcement period

What decided it

The appellant failed to prove on the balance of probabilities that the material change of use to a self-contained dwellinghouse occurred more than 4 years before the application date, as self-containment appears to have been achieved only recently when an internal door was closed off.

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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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