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Appeal Decision

Site visit on 23 January 2015

by John Whalley

an Inspector appointed by the Secretary of State for Communities and Local Government

Decision date: 29 January 2015

Certificate of Lawful Development appeal ref: APP/U5360/X/14/2213281

4 Foskett Mews, Shacklewell Lane, London E8 2BZ

• The appeal is made under section 195 of the Town and Country Planning Act 1990

as amended by the Planning and Compensation Act 1991 against a refusal by the London Borough of Hackney Council to grant a certificate of lawful development.

• The appeal was made by Priyanka Durani.

• The application, No. 2012/1792, dated 1 June 2012, was refused by a notice dated

31 August 2012.

• The application was made under s.191(1)(a) of the Town and Country Planning Act

1990 as amended.

• The development for which a certificate of lawful development, (LDC), is sought is the use of the whole of the property for residential purposes since 26 January 2007

at No. 4 Foskett Mews, Shacklewell Lane, London E8 2BZ.

Summary of decision: The appeal succeeds. An LDC is issued

Appeal property

1. The appeal property, No 4 Foskett Mews, Shacklewell Lane, London E8 2BZ

is at the end of a short terrace of units built behind houses fronting onto

Shacklewell Road. It is understood the terrace was built for occupation as

“live/work” units; that is, properties that combine workplace and home.

Description of the LDC application use

2. The LDC application described the use of No. 4 Foskett Mews as: “The

existing use of the Property has since 26 January 2007 been wholly

residential.”. The Council’s refusal notice describes the use as: “ … a self-

contained residential dwelling.”. Both parties had referred to the ‘4 year

rule’ as being applicable. As s.171B(2) of the Act says that; “Where there

has been a breach of planning control consisting in the change of use of any

building to use as a single dwellinghouse, no enforcement action may be taken

after the end of the period of four years beginning with the date of the breach.”, a

more apt description may be: “Use as a single dwellinghouse.”. I can effect

that clarification without injustice to the parties, (s.191(4) of the Act).

The Appellant

3. Priyanka Durani, the then owner of No. 4, applied for an LDC in June 2012.

She subsequently appealed against the Council’s refusal to issue a

Appeal Decision: APP/U5360/X/14/2213281

www.planning portal.gov.uk/planninginspectorate 2

certificate. Subsequently, Ms Durani sold the property to Jasmine Boler.

Miss Boler then took over this appeal following agreement with Ms Durani.

Considerations

4. Section 171B of the Act says that where there has been a breach of

planning control consisting in the change of use of any building to use as a

single dwellinghouse, no enforcement action may be taken after the end of

the period of 4 years beginning with the date of the breach.

5. Priyanka Durani submitted a Statutory Declaration dated 1 June 2012. In

it, she said she purchased the appeal property, No. 4 Foskett Mews on 26

January 2007. She said the property was purchased as a “live/work” unit.

That is, a property that combines workplace and home. Ms Durani’s

Statutory Declaration said that between her purchase in January 2007 and

the “present date”, (1 June 2012, the date of the Declaration), the property

had “been continuously used as a wholly residential premises with no

interruption.”. She said that during her ownership, at no point had the

property been used as a “live/work” property. No business rates were paid.

No enforcement action had been taken. She or her tenants had paid

Council Tax throughout her period of ownership.

6. Miss Boler said she purchased No. 4 Foskett Mews on 1 January 2012 She

had used it as her residential base since then.

7. The Council made no representations. Their reason for refusing to issue an

LDC said the information supplied had insufficiently demonstrated that the

property had been occupied as a self-contained residential unit continuously

for a period of not less than four years. It may be that the information

eventually supplied by the Appellant was not submitted with the application.

But when it was produced, the Council did not contest any of the

Appellant’s detailed and ultimately persuasive evidence. That showed a use

of No. 4 Foskett Mews as a single residential unit having started when Ms

Dewani purchased the property in January 2007. It continued without any

apparent break up to and beyond the date of purchase by Miss Boler on 1

December 2012. It had so continued since her purchase and occupation.

8. I consider that, in this instance, the residential use at No. 4 Foskett Mews

had, on the balance of probabilities, started in January 2007 and had

continued throughout the requisite 4 year period to the extent that the

Council could have taken enforcement action at any time, (Thurrock BC v

SSETR & Holding (CoA 27.2.02)). My conclusion is that a certificate of

lawful use should be issued.

FORMAL DECISION

9. The refusal by the London Borough of Hackney Council to issue a Certificate

of Lawfulness for the use of the whole property as a single dwellinghouse at

No. 4 Foskett Mews, Shacklewell Lane, London E8 2BZ was not justified. I

exercise the powers transferred to me by s.195(2)(a) accordingly and I

issue a Certificate of Lawful Development for the use as applied for. It is

attached to this decision, as is the relevant plan.

John Whalley INSPECTOR



Lawful

Development

Certificate TOWN AND COUNTRY PLANNING ACT 1990: SECTION 191 (as amended by Section 10 of the Planning and

Compensation Act 1991)

TOWN AND COUNTRY PLANNING (GENERAL DEVELOPMENT PROCEDURE) ORDER 1995: ARTICLE 24

IT IS HEREBY CERTIFIED that on 1 June 2012 the use of land and buildings

described in the First Schedule hereto in respect of the premises specified in the

Second Schedule hereto, was lawful within the meaning of section 191(1)(a) of the Town and Country Planning Act 1990 (as amended), for the following reason:

The use of No. 4 Foskett Mews as a single dwellinghouse started in January 2007

and continued uninterrupted for a period of more than 4 years thereafter,

including up to 1 June 2012.

John Whalley INSPECTOR

Date: 29.01.2015

Reference: APP/U5360/X/14/2213281

First Schedule

The use of the land and building as a single residential dwellinghouse.

Second Schedule

Land and building at No. 4 Foskett Mews, Shacklewell Lane, London E8 2BZ.

IMPORTANT NOTES OVERLEAF



NOTES 1. This certificate is issued solely for the purpose of Section 191 of the Town and Country

Planning Act 1990 (as amended). 2. It certifies that the use of the property described in the First Schedule and specified in

the Second Schedule was lawful on the certified date and thus would not have been not liable to enforcement action, under section 172 of the 1990 Act, on that date.

3. This certificate applies only to the extent of the use of the property described in the First Schedule and specified in the Second Schedule and identified on the attached plan. Any use which is materially different from that described, or which relates to any other land, may result in a breach of planning control which is liable to enforcement action by the local planning authority.

4. The effect of the Certificate is subject to the provision in Section 191(6) of the 1990 Act, as amended, which states that the lawfulness of any use, operations or other matter for which a certificate is in force under this section shall be conclusively presumed.



Lawful

Development

Certificate Plan

Appeal reference: APP/U5360/X/14/2213281

Land and building at No. 4 Foskett Mews, Shacklewell Lane, London E8 2BZ

Plan attached to the Lawful Development Certificate - Do not scale

John Whalley INSPECTOR Date:29.01.2015

appeal decision - planning jungle• the appeal was made by priyanka durani. • the application,...

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