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Decision details

14/2063/CLUED - 15A Derby Street

Decision Maker: Planning

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

The Committee received an application for Application for a Certificate of Lawfulness under Section 191 for use as an independent dwelling (C3).

 

The Committee received a representation in objection to the application from Mr Sakol.

 

The representation covered the following issues:

  i.  The application had been deferred from April 2015 to seek evidence of continuous letting for 10 years.

  ii.  There was a mismatch in details in the Officers’ report between the main body of text and the conclusion.

  iii.  Insufficient evidence of continuous letting had been demonstrated.

  iv.  Property use was not in line with permission given.

 

Mr Hirsch (Applicant) addressed the Committee in support of the application.

 

Councillor Gehring (Newnham Ward Councillor) addressed the Committee about the application.

 

The representation covered the following issues:

  i.  The application was in a sensitive area of the city.

  ii.  The application had been deferred from April 2015 to seek information. Referred to Councillor Cantrill’s comments from the earlier committee meeting.

  iii.  The Applicant had not evidenced continuous letting, although he could evidence use for over 10 years.

  iv.  The application failed the test of lawfulness as the property had not been used in line with granted planning permission.

 

The Planning Officer responded to representations to say that evidence was based on probability, not “beyond all reasonable doubt”. The application had been deferred to seek evidence of use and clarify what evidence could be considered.

 

The Committee:

 

Resolved (by 6 votes to 1 with 1 abstention) to grant the application for a Certificate of Lawfulness in accordance with the officer recommendation, for the reasons set out in the officer report, and subject to the conditions recommended by the officers.

Report author: Michael Hammond

Publication date: 16/07/2015

Date of decision: 01/07/2015

Decided at meeting: 01/07/2015 - Planning

Accompanying Documents: