®Planning appeal decision
Allowed1 August 20243321787
44 Dagnall Park, LONDON, SE25 6NS
for use as 6 self-contained one bedroom flats
- Authority
- London Borough of Croydon
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Pleasant L
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to grant a certificate of existing lawful use or development was well founded, turning on whether the appellant can demonstrate on the balance of probabilities that the change of use to self-contained flats took place more than four years before the date of the application and continued without significant interruption thereafter so as to be immune from enforcement action
What decided it
The appellant's comprehensive evidence of continuous occupation of all six flats from March 2017 onwards, supported by statutory declarations, tenancy agreements, deposit protection certificates and tenant identification, combined with the Council's failure to provide any contradictory evidence, satisfied the balance of probabilities test that the use had been lawful for more than four years prior to the application date.
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.