®Planning appeal decision
12 Denmark Hill, LONDON, SE5 8RZ
Without planning permission, the material change of use of the first, second and third floors of the Land from commercial space within use class E (previously A1) to three self-contained dwellings within use class C3 (“the Unauthorised Change of Use”)
- Authority
- London Borough of Southwark
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Bale M
Main issues, as the Inspector framed them
- Whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control (ground d)
- Whether the appellant is entitled to a certificate of lawful use or development for three self-contained flats, having regard to whether deliberate concealment of the unauthorised development occurred
What decided it
The appellant actively avoided disclosing the existence of three flats across dealings with three separate Council departments and submitted false information on the street naming and numbering application, constituting deliberate concealment which disentitles him to immunity from enforcement action as a matter of public policy.
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.