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Dismissed22 January 20243291974

Lokanta Turkish Restaurant, 11-13 Greenwich Church Street, London, SE10 9BJ

Planning appeal 3291974 at Lokanta Turkish Restaurant, 11-13 Greenwich Church Street, London, SE10 9BJ (Royal Borough of Greenwich) was dismissed on 22 January 2024 by Inspector Watson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use and operations for which the certificate is sought were lawful on the date the applications were made.

Use of rear yard for seating and shisha and a temporary pergola fixed to a timber deck in the rear yard and within the curtilage of a listed building

Authority
Royal Borough of Greenwich
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Watson S
Postcode
SE10 9BJ

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use and operations for which the certificate is sought were lawful on the date the applications were made

What decided it

The pergola and decking do not constitute moveable structures within the meaning of the permitted development right, and there is insufficient evidence that the use of the rear yard for customers was lawful on the date of application.

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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