®Planning appeal decision
65 Blackstock Road, London, N4 2JW
Planning appeal 3312188 at 65 Blackstock Road, London, N4 2JW (London Borough of Hackney) was allowed on 28 November 2023 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal was well-founded, turning on whether the appellant can show that the lawful use sought has continued for 4 years prior to the date of the application without any other intervening uses, so as to be immune from enforcement action in accordance with s171B(2) of the Act.
described as: use of the former single dwelling house as three self-contained flats each being a separate dwelling within use class C3. The three self-contained flats have been in continuance [sic] use for over 4 years
- Authority
- London Borough of Hackney
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Hanson S
- Postcode
- N4 2JW
Main issues, as the Inspector framed them
- Whether the Council's refusal was well-founded, turning on whether the appellant can show that the lawful use sought has continued for 4 years prior to the date of the application without any other intervening uses, so as to be immune from enforcement action in accordance with s171B(2) of the Act
What decided it
The cumulative documentary evidence, including property registration, housing benefit records, tenancy agreements, and utility bills, demonstrated on the balance of probabilities that the property had been in continuous use as three separate self-contained flats for more than 4 years prior to the application date.
The decision letter
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With an account
What an account adds to this decision
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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.