®Planning appeal decision
Flat 1, 12 Denmark Hill, LONDON, SE5 8RZ
Without planning permission, the material change of use of the first, second and third floors of the Land from commercial space within use class E (previously A1) to three self-contained dwellings within use class C3 (“the Unauthorised Change of Use”)
- Authority
- London Borough of Southwark
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Bale M
Main issues, as the Inspector framed them
- Whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control (Appeal A, ground (d))
- Whether the appellant is entitled to a certificate of lawful use or development for three self-contained flats, having regard to whether deliberate concealment of the unauthorised development occurred (Appeal B)
What decided it
The appellant deliberately concealed the existence of the third flat through false statements and omissions in dealings with multiple Council departments, and as a matter of public policy, this deliberate concealment disentitles him to the immunity from enforcement action that would normally be achieved through the passage of time.
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.