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Planning appeal decision

Dismissed10 February 20253348100

106 Ringstead Road, London, SE6 2BS

Planning appeal 3348100 at 106 Ringstead Road, London, SE6 2BS (London Borough of Lewisham) was dismissed on 10 February 2025 by Inspector Whalley J, by written representations. The main issue, as the Inspector framed it: Whether the property was in lawful use as a House in Multiple Occupation (C4) prior to 19 January 2024 when the Article 4 Direction came into force.

Certificate of lawful use for use of property as a House in Multiple Occupation for 3-6 persons (Use Class C4)

Authority
London Borough of Lewisham
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Whalley J
Postcode
SE6 2BS

Main issues, as the Inspector framed them

  • Whether the property was in lawful use as a House in Multiple Occupation (C4) prior to 19 January 2024 when the Article 4 Direction came into force

What decided it

The contradictory contractual clause in the tenancy agreements denying HMO status, combined with discrepancies in the rent payment records and lack of tenant corroboration, meant the appellant failed to discharge the burden of proof on the balance of probabilities that lawful C4 use existed before the Article 4 Direction came into force.

What the Inspector cited

National Planning Policy Framework
Paragraph 006

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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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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