®Planning appeal decision
Dismissed9 January 20243295403
6 Havelock Walk, LONDON, SE23 3HG
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
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.
Judgments cited: AHGR Limited v Kane-Laverack [2022] EWHC 2025
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.