Planning appeal decision
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.
®