Decision details

The Committee received an application for a certificate of lawfulness under Section 191 for the use as additional letting bedrooms and ancillary accommodation to a hotel.

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

The representation covered the following issues:

(i)             The site had a long planning history and little seemed to have changed since the previous application.  

(ii)            The Fire Service did not record the premises as part of the hotel and this was dismissed in the officer’s report.

(iii)          Previous reports stated that there had been no evidence of a change of use.

Mr Dale Barker (Applicants Agent) addressed the Committee in support of the application.

On the advice of the Case Officer, and due to the confusing nature of the wording, the Committee agreed to amend the wording of the recommendation on page 105 of the agenda as follows (amendment struck though):

That a certificate of lawfulness be granted under Section 191 of the Town and Country Planning Act 1990 (as amended) for 142 Tenison Road, Cambridge.

1.       The development hereby permitted shall be begun before the expiration of three years from the date of this permission.

Reason: In accordance with the requirements of section 51 of the Planning and Compulsory Purchase Act 2004.

2.       Application for a certificate of lawfulness under Section 191 for the use as additional letting bedrooms and ancillary accommodation to a hotel.

3.       142 Tenison Road, Cambridge, as identified outlined in RED on the location plan attached to this Certificate.

The Committee:

Resolved (by 6 votes to 1) to accept the officers amended recommendation to grant the certificate of lawfulness under Section 191 of the Town and Country Planning Act 1990 (as amended) for 142 Tenison Road, Cambridge for the use as additional letting bedrooms and ancillary accommodation to a hotel.

Reasons for granting:

1)   Sufficient evidence has been provided to prove on the balance of probabilities continuous hotel use 10 years preceding the date of the application.

2)   Further information from a former employee and regular guest has been provided.

3)   The applicant has made a statutory declaration.