®Planning appeal decision
142 Hambrough Road, Southall, UB1 1JE
Planning appeal 3316533 at 142 Hambrough Road, Southall, UB1 1JE (London Borough of Ealing) was allowed on 6 December 2024 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- UB1 1JE
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 decision letter
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With an account
What an account adds to this decision
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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.