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Split Decision4 September 20233312426

41 Denbigh Road, Hounslow, Middlesex, TW3 4DU

Planning appeal 3312426 at 41 Denbigh Road, Hounslow, Middlesex, TW3 4DU (London Borough of Hounslow) was allowed in part (a split decision) on 4 September 2023 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: Whether the use of the building as three self-contained flats has continued for a period of four years or more prior to the date of application so as to be immune from enforcement action.

existing use of property as three self-contained flats

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Merrett R
Postcode
TW3 4DU

Main issues, as the Inspector framed them

  • Whether the use of the building as three self-contained flats has continued for a period of four years or more prior to the date of application so as to be immune from enforcement action

What decided it

The sworn affidavit from a tenant claiming uninterrupted occupancy of the ground floor front studio flat from January 2015 to December 2020, corroborated by tenancy agreements and utility certification, provided sufficient evidence to satisfy the balance of probability for the four-year continuous use requirement, whereas the other two flats lacked comparable corroborating evidence.

The decision letter

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More decisions in London Borough of Hounslow

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

  1. Notice upheld28 September 20263340528
    Fawns Manor House, Hounslow, TW14 8EN
  2. Notice upheld22 September 20263366748
    19 Park Drive, London, W3 8ND
  3. Notice varied and upheld10 September 20263360036
    56 St. Stephens Road, Hounslow, TW3 2BQ
  4. Notice varied and upheld1 September 20263361778
    10 Pontes Avenue, Hounslow, TW3 3FH
  5. Planning permission granted24 July 20263358481
    7 Tachbrook Road, Feltham, TW14 9PD

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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