Trafalgar Tavern, Park Row, Greenwich, London, SE10 9NW

described as Use Class E(b) - Sale of food and drink for consumption (mostly) on the premises / Previously A3/A4

Authority: Royal Borough of Greenwich
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: other · Minor retail and services
Inspector: Freer P

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a Certificate of Lawful Use or Development (LDC) was well founded

What decided it

The appellant failed to prove, on the balance of probability, that the uses in question had continued without interruption throughout the relevant 10-year immunity periods, due to the 'cat and mouse' period, Coronavirus lockdowns, and other extended periods of non-use.

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; R (Ocado Retail Limited) v LB Islington [2021] EWHC 1509 (Admin); R (North Devon DC) v First Secretary of State [2004] EWHC 578 (Admin); Basingstoke and Deane BC v SoSCLG [2009] EWHC 1012 (Admin); Westminster City Council v SoSCLG [2013] EWHC 23 (Admin); Hertfordshire CC v SSCLG & Metal and Waste Recycling Ltd [2012] EWCA Civ 1473; Miles v National Assembly for Wales [2007] EWHC 10 (Admin)

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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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