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Planning appeal decision

Dismissed9 January 20243295403

6 Havelock Walk, London, SE23 3HG

Planning appeal 3295403 at 6 Havelock Walk, London, SE23 3HG (London Borough of Lewisham) was dismissed on 9 January 2024 by Inspector Satheesan R, following an inquiry. The main issue, as the Inspector framed it: Whether the Council's refusal of an LDC was well founded.

described as “Change of use from live-work unit to single family dwellinghouse (use class C3)

Authority
London Borough of Lewisham
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Satheesan R
Postcode
SE23 3HG

Main issues, as the Inspector framed them

  • Whether the Council's refusal of an LDC was well founded
  • Whether the appellant has proved on the balance of probability that the use of the site changed to a single family dwellinghouse (use class C3) on or before 7 December 2017 and continued without substantial interruption for 4 years, and if so whether that breach was deliberately concealed so as to deprive the appellant of immunity under section 171B

What decided it

The appellant's own contradictory and ambiguous evidence, including pre-application and planning application documents from 2019 and 2021 describing the site as a live/work unit, failed to prove on the balance of probability that the ground floor use had changed to C3 residential use by 7 December 2017.

What the Inspector cited

Judgments
AHGR Limited v Kane-Laverack [2022] EWHC 2025

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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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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