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Planning appeal decision

Dismissed6 March 20243313732

9 Cumberland Street, London, SW1V 4LS

Planning appeal 3313732 at 9 Cumberland Street, London, SW1V 4LS (City of Westminster Council) was dismissed on 6 March 2024 by Inspector Dudley G, following a hearing. The main issue, as the Inspector framed it: Whether, on the balance of probability, four years continuous use has been demonstrated prior to the application date.

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
Postcode
SW1V 4LS

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.

What the Inspector cited

Judgments
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)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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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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