143 Elderfield Road, LONDON, E5 0AY

Authority: London Borough of Hackney
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Braithwaite J

Main issues, as the Inspector framed them

Whether the basement flat was continuously and independently occupied for the four year period prior to the date of the application (13 March 2019 to 13 March 2023) such that the conversion is immune from enforcement action

What decided it

The appellant's evidence was imprecise and ambiguous and did not demonstrate on the balance of probabilities that the basement flat was continuously and independently occupied between 13 March 2019 and 13 March 2023.

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