Agenda item

CERTIFICATE OF LAWFULNESS GRANTED

Description of application: Roof terrace on second floor of flat 5.  CERTIFICATE OF LAWFULNESS FOR AN EXISTING DEVELOPMENT.

Oral representations in objection to and in support of the application were received at the meeting.

The Legal representative advised Members they were required to make a decision based on the balance of probability that the Statutory Declaration signed by the previous owner proved that the roof terrace had been in situ and utilised by the owner for a period of four or more years.

Having considered the report, objections and representations,Members RESOLVED that  on the balance of probabilities, the roof terrace on the second floor of Flat 5, 36 Southend Road had been used as a roof terrace for a period of at least 4 Years and on the balance of probability was therefore considered to be lawful. 

It was FURTHER RESOVLED that A CERTIFICATE OF LAWFULNESS FOR AN EXISTING USE/DEVELOPMENT BE GRANTED as recommended, subject to the condition set out in the report of the Chief Planner.