The Manor Gym, 307 Cricklewood Broadway, London, NW2 6PG

the residential use of the fourth floor flat

Authority: London Borough of Brent
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Moss J

Main issues, as the Inspector framed them

Whether a material change of use of the fourth floor to a self-contained flat separate from the remainder of the building occurred
Whether the residential use had been continuous for four years or more from the date of the breach
Whether the lawful residential use was extant or had been lost by the time the LDC application was made

What decided it

The appellant's evidence, corroborated by three statutory declarations, was sufficiently precise and unambiguous to demonstrate on the balance of probability that the residential use had continued substantially uninterrupted for four years or more from 2001, and had not been lost by the time of the LDC application.

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