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Planning appeal decision

Allowed4 November 20243336178

36-38 Victoria Road, ROMFORD, RM1 2JH

described as “Implementation of approved planning permission ref:P1928.17 before the expiry of 3 years, hence the planning permission is now alive/extant by doing piled foundation works, as per e-mail evidence from piling contractor, pile logs and piled foundation invoices attached, showing works were completed on or before 1 December 2020

Authority
London Borough of Havering
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
employment-industrial · Householder developments
Inspector
Fleming D

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 the appellant can show on the balance of probabilities that there was a material operation sufficient to implement a grant of planning permission before it expired

What decided it

The dated photographs, emails from the piling contractor, and invoice provided sufficient precise and unambiguous evidence that piled foundation works constituting a material start were completed on or before 1 December 2020, before the planning permission expired on 17 January 2021.

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.