Council and democracy
Home > Council and Democracy > Decision details
Decision Maker: Planning
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
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: