Globe appeal success – compelling evidence ensures issue of a certificate of lawful use for north London self-contained flats
The Planning Inspectorate has allowed an appeal submitted by Globe Consultants against the decision of the Council of the London Borough of Brent to refuse to grant a certificate of lawful use or development (LDC). The appeal decision brings to an end a rather lengthy saga following the submission of the appeal back in November 2018. However, despite this almost unprecedented delay in the appeal process, Inspector Cook found the case to be clear cut and was more than satisfied that the evidence submitted by Globe Consultants satisfied the burden of proof in this instance.
Moreover, in acknowledging the lawfulness of the 4 no. self-contained flats which were the subject of the appeal, Inspector Cook was particularly critical of the position taken by the Council of the London Borough of Brent and some of the assertions made by its officers. In concluding matters, Inspector Cook was clear that the Council had “no evidence of its own” and its earlier refusal to grant an LDC in respect of 4 self-contained flats was “not well-founded”.
Globe Consultant’s Director, James Rigby, who coordinated the evidence and made the appeal on behalf of our client remarked: “I’m pleased that Inspector Cook was of the opinion that appeal should succeed and the burden of proof was quite clearly satisfied. This particular case really does, regrettably, highlight some of the problems which plague town halls up and down the country. Throughout the process the Council were obstructive and, in the end, their case, farcically, relied upon drawing the Inspector’s attention to what was clearly a typo in a letter issued by Thames Water and a misspelling of the property owner’s name”.
Globe Consultants have considerable experience in advising what constitutes lawful development and how the burden of proof can be satisfied. If you have any questions on lawfulness then please feel free to contact a member of the team who will be than happy to help.