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Planning appeal decision

Dismissed22 September 20263364033

204 Abercairn Road, London, SW16 5AQ

Planning appeal 3364033 at 204 Abercairn Road, London, SW16 5AQ (London Borough of Lambeth) was dismissed on 22 September 2026 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse a LDC was well-founded, turning on whether the proposed use would amount to a material change from the lawful existing use of the property.

Appeal type
Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Phillips A

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse a LDC was well-founded, turning on whether the proposed use would amount to a material change from the lawful existing use of the property

What decided it

The appellant failed to provide sufficiently clear evidence to establish the lawful existing use of the property, making it impossible to determine with the necessary degree of certainty whether the proposed change of use would be material.

What the Inspector cited

Judgments
Waltham Forest LBC v SSETR & Tully [2002] EWCA Civ 330

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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