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Planning appeal decision

Allowed16 September 20243342534

8 George Beard Road, London, SE8 3PE

Planning appeal 3342534 at 8 George Beard Road, London, SE8 3PE (London Borough of Lewisham) was allowed on 16 September 2024 by Inspector Willows P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate was well-founded, turning on whether on the date of application the use of the property as a C4 HMO would have been lawful.

described as ‘Change of Use from C3 dwelling house to C4 HMO’

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Change of use
Inspector
Willows P
Postcode
SE8 3PE

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate was well-founded, turning on whether on the date of application the use of the property as a C4 HMO would have been lawful

What decided it

The critical date for assessing lawfulness under section 192 is the date of application (2 December 2023), not the date of the Council's decision, and the Article 4 Direction introduced after that date cannot apply retrospectively to remove permitted development rights that existed at the time of application.

The decision letter

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More decisions in London Borough of Lewisham

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.

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