Second Floor Flat, 13 Cornwall Crescent, London, W11 1PH

Authority: Royal Borough of Kensington and Chelsea
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Householder developments
Inspector: Kean G

Main issues, as the Inspector framed them

Whether the roof of the appeal premises has been used continuously as a terrace in breach of Condition 5 of the Planning Permission for at least 10 years

What decided it

The appellant failed to demonstrate on the balance of probabilities that the roof was used as a terrace in a sufficiently active and continuous manner between 2013 and 2016 to establish immunity from enforcement action, as required by section 191(3) of the Town and Country Planning Act 1990.

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