Lawful Development Certificate for Existing Use

Local Council: Ealing

Appeal Result: Permission Granted

Description: Continued use of building as ten self-contained flats (Lawful Development Certificate for an Existing Use).

Refusal Stated: "There is insufficient supporting evidence, as required under Section 191 of the Town and Country Planning Act 1990 (As Amended by Section 10 of the Planning & Compensation Act 1991), to suggest the property (79 Park View Road) has been in use as ten (10) self-contained flats (Use Class C3) for a single continuous period greater than four years since the unlawful use began (20.06.2015). Therefore, it is recommended that a Lawful Development Certificate be REFUSED."

Background: This appeal was a huge undertaking due to each unit needing to be assessed individually. This meant we had to combine the work of ten cases into one. In our opinion Ealing's decision to refuse the Lawful Development Certificate (LDC) was clearly unfair. The client had provided years of evidence but due to small gaps in it coupled with some obscure technicalities the council decided to refuse permission. This put a great burden on our client as there were some very serious financial and practical implications for not gaining consent. LSE took a forensic approach to prove that this development had met the criteria to receive an LDC. It was with great relief for our client that after a fairly lengthy review the Planning Inspectorate awarded permission and thus deemed the development lawful. A great result for our client and a case to be proud of for LSE.