®Planning appeal decision
142 Hambrough Road, SOUTHALL, UB1 1JE
described as: ‘142 Hambrough Rd is an end of terraced house which has been divided into 2 flats. (Ground Floor Flat:142 and 1st Floor Flat:142a). The property was converted pre 2016 when the current owners brought the property. The same tenants have been in place with the same managing agents since 2016 and are willing to provide a solemn statement to confirm. The use of the house as 2 flats has been proved for over 4 years hence this application for a Lawful Development Certificate for the Existing Use.’
- Authority
- London Borough of Ealing
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Hawkins S
Main issues, as the Inspector framed them
- Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, turning on whether the appellant has shown that the use as two self-contained flats was lawful at the date of the application
What decided it
The appellant's detailed and contemporaneous documentary evidence, including tenancy agreements dating from December 2016 and subsequent years, gas safety certificates, and supporting correspondence from tenants and managing agents, established on the balance of probability that the use as two self-contained flats had been continuous for more than four years prior to the application date, thereby placing it beyond the enforcement period.
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.