Flat First and Second Floors, 82 Northcote Road, London, SW11 6QN

the use of the flat roof for ancillary residential purposes associated with the existing flat at 82 Northcote Road

Authority: London Borough of Wandsworth
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Watson S

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a Lawful Development Certificate was well-founded, turning on whether the use for which a certificate is sought was lawful on the date the application was made

What decided it

The appellant's photographic evidence was of insufficient quality and precision to demonstrate on the balance of probabilities that the roof had been used for ancillary residential purposes rather than other purposes, failing to discharge the burden of proof required for a certificate of lawful use.

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