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Planning appeal decision

Allowed19 November 20243312923

353 Lincoln Road, Enfield, EN3 4AD

Planning appeal 3312923 at 353 Lincoln Road, Enfield, EN3 4AD (London Borough of Enfield) was allowed on 19 November 2024 by Inspector Satheesan R, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal of a certificate of lawful use or development was well founded, specifically whether the appellant proved on the balance of probability that the use of any part of the appeal building changed to use as a self-contained flat on or before 1 September 2018 and that the use continued for at least 4 years without substantial interruption.

the “Use of Property at 353 Lincoln Road, Enfield, Middlesex, EN3 4AD as Two Self Contained Flats

Authority
London Borough of Enfield
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Satheesan R
Postcode
EN3 4AD

Main issues, as the Inspector framed them

  • Whether the Council's refusal of a certificate of lawful use or development was well founded, specifically whether the appellant proved on the balance of probability that the use of any part of the appeal building changed to use as a self-contained flat on or before 1 September 2018 and that the use continued for at least 4 years without substantial interruption

What decided it

The appellant's evidence, comprising statutory declaration, utility bills, gas safety records, electrical installation report, insurance company correspondence, and property inventories, was sufficiently precise and unambiguous to demonstrate on the balance of probability that the building had been used as two self-contained flats continuously for at least 4 years prior to the application date.

The decision letter

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More decisions in London Borough of Enfield

The authority’s record since 2016 · every decision in 2024

  1. Dismissed27 October 20266012855
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  2. Dismissed21 October 20266010541
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  3. Allowed20 October 20266009773
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  4. Dismissed29 September 20266010207
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  5. Dismissed28 September 20266012598
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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.

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