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Planning appeal decision

Allowed28 November 20233312188

65 Blackstock Road, LONDON, N4 2JW

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

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 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.