Planning appeal decision
195 Morley Road, Barking, IG11 7DH
Planning appeal 3294717 at 195 Morley Road, Barking, IG11 7DH (London Borough of Barking and Dagenham Council) was allowed on 8 September 2023 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded.
described as: ‘Previously extended house, use as a 3 bedroom family house. Conversion of roof space into habitable room
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Moss J
- Postcode
- IG11 7DH
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded
- Whether the use of the appeal site as a single dwelling and the dormer extension were lawful on the date the LDC application was made
What decided it
The appellant demonstrated on the balance of probability that the dormer extension was substantially completed more than four years before the LDC application was made, and that the lawful use of the site as a single dwelling could be resumed following compliance with enforcement notices under section 57(4) of the 1990 Act.
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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