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Planning appeal decision

Allowed5 April 20243319736

Flat 1-8, 108 SALUSBURY ROAD, LONDON, NW6 6PB

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

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.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.