Flat 1-8, 108 Salusbury Road, London, NW6 6PB

Planning appeal 3319736 at Flat 1-8, 108 Salusbury Road, London, NW6 6PB (London Borough of Brent) was allowed on 5 April 2024 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether it has been shown that on the balance of probability the use of the building as nine flats began more than four years prior to the date of the application and has been continuous thereafter.

described as ‘the existing use is for the nine flats that have been in the same form/condition for over four years as the attached information shows. Hence we are applying for Certificate of Established Use

Authority: London Borough of Brent
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Hawkins S
Postcode: NW6 6PB

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether it has been shown that on the balance of probability the use of the building as nine flats began more than four years prior to the date of the application and has been continuous thereafter

What decided it

The cumulative weight of the appellant's contemporaneous documentary evidence, including Council Tax records, tenancy agreements, and benefits payment records, established on the balance of probability that the use as nine flats had been continuous for more than four years before the application date, making enforcement action time-barred.

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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.