Annexe 300A Nightingale Road, LONDON, N9 8PP

the use of the premises as a 1 bedroom flat

Authority: London Borough of Enfield
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Savage M

Main issues, as the Inspector framed them

Whether the Council's decision to refuse a certificate of lawful use or development was well-founded

What decided it

The absence of contemporaneous documentary evidence (tenancy agreements, utility bills, Council Tax records) and supporting statements from actual occupants, combined with the imprecise nature of the appellant's evidence regarding continuous occupation, meant the appellant failed to discharge the burden of proof on the balance of probabilities.

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