97a Osborne Avenue, Jesmond, NEWCASTLE UPON TYNE, NE2 1JT

Ground floor independent residential flat as a single, use class C3 dwellinghouse.” Formal

Authority: Newcastle Upon Tyne City Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Merrett R

Main issues, as the Inspector framed them

Whether the appeal property is being used as an independent dwelling such that a material change of use has occurred
Whether that use has continued for a period of four years or more prior to 25 November 2022, so as to be immune from enforcement

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence, properly corroborated by tenancy agreements and payment records, to demonstrate that the use as an independent dwelling had continued uninterrupted for four years or more prior to the application date.

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