®Planning appeal decision
9 Cumberland Street, LONDON, SW1V 4LS
confirmation that the existing use of the appeal site is a ground floor studio flat as shown on drawing ref 4352 and Title Number NGL923336 (it is described as Use Class C3)
- Authority
- City of Westminster Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Hearing
- Development
- residential · Householder developments
- Inspector
- Dudley G
Main issues, as the Inspector framed them
- Whether, on the balance of probability, four years continuous use has been demonstrated prior to the application date
- Whether 1A itself is a dwellinghouse
What decided it
The Inspector found that 1A lacked the facilities required for day-to-day private domestic existence and therefore did not constitute a dwellinghouse within Use Class C3, regardless of continuous occupation being established.
Judgments cited: Gravesham Borough Council v Secretary of State for the Environment and Another Queen's Bench Division (1984) 47 P. & C.R. 142; Stephen Grendon v The First Secretary of State, Cotswold District Council Case No: CO/1399/2006, High Court of Justice Queen's Bench Division Administrative Court, [2006] EWHC 1711 (Admin)
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.