44 Dagnall Park, London, SE25 6NS

Planning appeal 3321787 at 44 Dagnall Park, London, SE25 6NS (London Borough of Croydon) was allowed on 1 August 2024 by Inspector Pleasant L, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: SE25 6NS

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.

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The authority’s record since 2016 · every decision in 2024

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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.