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Planning appeal decision

Dismissed10 February 20253352531

49 Rosenthal Road, London, SE6 2BX

Planning appeal 3352531 at 49 Rosenthal Road, London, SE6 2BX (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 use of the property as a House in Multiple Occupation (C4) for 3-6 persons was lawful at the date of the certificate of lawful development application.

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 2BX

Main issues, as the Inspector framed them

  • Whether the use of the property as a House in Multiple Occupation (C4) for 3-6 persons was lawful at the date of the certificate of lawful development application

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate on the balance of probabilities that the property was in lawful use as a C4 HMO at the date of the certificate application.

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.

See how each was applied

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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