422 Lee High Road, LONDON, SE12 8RW
London Borough of Lewisham — appeal allowed
- Outcome
- Allowed
- Decision date
- 15 August 2024
- Authority
- London Borough of Lewisham
- Inspector
- Parkin A
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Eastview Properties Ltd
- LPA reference
- DC/24/134409
- ONS LPA code
- E09000023
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 17 May 2024
Summary AI
The appeal is allowed due to the Council's failure to determine the application within the statutory period. The Council received the application on 8 January 2024 and should have made a decision by 4 March 2024, but the decision was not made until 5 March 2024.
PDF text
422 Lee High Road, LONDON, SE12 8RW — London Borough of Lewisham — Appeal Decision Site visit made on 5 August 2024 by A Parkin BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 15 August 2024 Appeal Ref: APP/C5690/W/24/3341473 422 Lee High Road, Lewisham, London SE12 8RW • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Mrs Sara Friedman of Eastview Properties Ltd against the decision of the Council of the London Borough of Lewisham. • The application Ref is DC/24/134409. • The development proposed is change of use of ground floor from Class E to C3 use to provide x1 studio flat. Decision 1. The appeal is allowed and prior approval is deemed to be granted for change of use of ground floor from Class E to C3 use to provide x1 studio flat at 422 Lee High Road, Lewisham, London SE12 8RW in accordance with the terms of the application, Ref DC/24/134409. Applications for costs 2. An application for costs was made by Mrs Sara Friedman of Eastview Properties Ltd.
422 Lee High Road, LONDON, SE12 8RW — London Borough of Lewisham — Appeal Decision against the Council of the London Borough of Lewisham. This application is the subject of a separate Decision. Main Issue 3. The main issue is whether the Council determined the application within the statutory period under Article 7(a) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO). Reasons 4. It is not disputed that the application for Prior Approval was received by the Council on Monday 8 January 2024. 5. Furthermore, it is also not disputed that the statutory period under Article 7(a) of the GPDO for Schedule 2, Part 3, Class MA development is 56 days, commencing on the day after the application was received by the Council. 6. Tuesday 9 January 2024 was, therefore, Day 1 of the statutory period and Monday 4 March 2024 was Day 56 of the statutory period. 7. The Council’s Decision Notice is dated 5 March 2024, manifestly outside the statutory period under Article 7(a) of the GPDO. https://www.gov.uk/planning-inspectorate
422 Lee High Road, LONDON, SE12 8RW — London Borough of Lewisham — Appeal Decision Appeal Decision APP/C5690/W/24/3341473 Conclusion 8. For the reasons given above, the appeal is allowed and prior approval is deemed to be granted.
422 Lee High Road, LONDON, SE12 8RW — London Borough of Lewisham — Andrew Parkin INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Housing land supply For appellant ¶3
The inspector noted that the Council determined the application outside the statutory period, which is the main issue.
Planning obligations Neutral ¶4-7
The inspector explained the statutory period for determining the application, which is 56 days from the date the application was received by the Council.
Policies relied on
| Reference | Weight |
|---|---|
| Article 7(a) of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 15 August 2024 under the Open Government Licence.