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Planning appeal decision

Allowed6 September 20233310728

15-17 Holland Road, London, W14 8HJ

Planning appeal 3310728 at 15-17 Holland Road, London, W14 8HJ (Royal Borough of Kensington and Chelsea) was allowed on 6 September 2023 by Inspector Dudley G, by written representations. The main issue, as the Inspector framed it: Whether the use of flats 3, 3a, 4, 4a, 5, 5a, 9 and 9a as 8 dwellings within Use Class C3 for at least 4 consecutive years prior to the application date can be established on the balance of probability.

use of flats 3, 3a, 4, 4a, 5, 5a, 9 and 9a

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dudley G
Postcode
W14 8HJ

Main issues, as the Inspector framed them

  • Whether the use of flats 3, 3a, 4, 4a, 5, 5a, 9 and 9a as 8 dwellings within Use Class C3 for at least 4 consecutive years prior to the application date can be established on the balance of probability

What decided it

The cumulative weight of evidence from the accountant, office manager, tradesmen declarations, tenancy agreements, and Fire Risk Assessment established on the balance of probability that the flats were formed in 2016/17 and continuously occupied thereafter, satisfying the 4-year requirement.

The decision letter

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More decisions in Royal Borough of Kensington and Chelsea

The authority’s record since 2016 · every decision in 2023

  1. Planning permission granted23 July 20263328929
    Flat 5, 69 Oxford Gardens, London, W10 5UJ
  2. Allowed23 June 20263362698
    Flat 1 at 28 Brunswick Gardens and Flat 2 at 30 Brunswick Gardens, London, W8 4AL
  3. Dismissed15 June 20266001948
    Land to End of Ledbury Mews West, London, W11 2QZ
  4. Dismissed2 June 20263376699
    Kings Road, Outside No. 395, London, SW10 0LR
  5. Dismissed19 May 20266003102
    Kensington High Street, Outside No. 254, London, W8 6ND

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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