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Planning appeal decision

Dismissed29 July 20263375719

20 Bellingham Trading Estate , FRANTHORNE WAY, London , SE6 3BX

Authority
London Borough of Lewisham
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Whalley J

Main issues, as the Inspector framed them

  • Whether the use of the property as a place of worship (Use Class F1) for a continuous period of 10 years or more before the application date had been demonstrated on the balance of probabilities

What decided it

The 25-month gap in occupation between May 2019 and June 2021 broke the continuity of use required to establish a 10-year period of uninterrupted use as a place of worship.

Judgments cited: Bernard Wheatcroft v Secretary of State for the Environment [1982] 43 P & CR 233; R (Holborn Studios Ltd) v London Borough of Hackney and GHL (Eagle Wharf Road) Ltd [2017] EWHC 2823 (Admin); Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.