Planning appeal decision
131 - 132 Upper Street, London, N1 1QP
Change of use of part of the ground, first, second, and third floors of 131 - 132 Upper Street from a use falling within Class E to a use falling within Class C3 (dwellinghouses) to form five self-contained apartments
- Authority
- London Borough of Islington
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Minor retail and services
- Inspector
- Bond V
Main issues, as the Inspector framed them
- Appeal A: whether the Council's refusal to grant a certificate of lawful use or development is well-founded, turning on whether the development described was lawful as at the date of the LDC application
- Appeal B: whether the proposal would be permitted development under Article 3(1) and Class MA of the GPDO; and if so, whether prior approval should be given as regards the prior approval matters
What decided it
The Inspector's finding that the actual use of the premises from 2008 onwards was primarily as a pub/bar use, not a restaurant, meant the claimed lawful restaurant use could not be established and the permitted development test for residential conversion was not satisfied.
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.
®