Success at Appeal!
Appeal Allowed! Success at appeal resolving a historic parking matter and enforcement case.
We were able to demonstrate that the site at Betts Mead had been in use as an informal car park for a period in excess of 10 years, resulting in the use being considered lawful and exempt from any enforcement action being taken.
The inspector allowed the appeal against the refusal to grant a certificate of lawfulness by Croydon Council, placing ‘significant weight’ upon the provision of three separate statutory declarations. In a comprehensive evaluation of the case, the inspector not only recognized the compelling nature of the statutory declarations but also underscored their pivotal role in confirming the genuine and longstanding nature of the sites usage.
The Inspector concluded that “The Council’s refusal to grant a certificate of lawful use or development in respect of use as car park for occupants and visitors of the property was not well-founded and that the appeal should succeed” and the appeal allowed.
This decision not only sets a persuasive precedent for future appeals but also highlights the crucial importance of robust and well-documented statutory declarations in navigating the legal intricacies of the planning system successfully.
If you would like our help to appeal a planning decision, or for any other planning related advice, please contact us using the form below. Alternatively, email mail@brodieplanning.co.uk or telephone 01242 898 368.
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