Application for Milman Street flat in Pillgwenlly refused
The application sought a Lawful Development Certificate for the existing use of the flat.
The case officer's visit on April 9 found the flat appeared to be under renovation and vacant, with no evidence of continuous use.
The application was based on a mix of evidence, including electrical certificates for four flats dated March 2018, a 2016 email from a housing licensing officer, and a 2019 letter from an environmental health officer suggesting the presence of four flats.
Handwritten letters from previous tenants, a 2017 video, and a fire detection certificate referencing all four flats were also provided.
However, the evidence was found to be insufficiently precise or unambiguous to confirm the existence and continuous occupation of a fourth flat.
Key issues identified included the absence of proof for the continuous occupancy of Flat 4 during the four-year period required.
Documentation detailing how Flat 4 fits into the building was also missing.
The letters provided were not in the statutory declaration form.
Council tax records since 2019 list only three flats.
The Newport Local Development Plan (2011–2026) was not directly relevant to the decision.
The case officer's delegated decision report noted that legal advice supported the refusal to issue the certificate.
The report concluded: "The application did not provide sufficiently precise or unambiguous evidence to confirm the existence and continuous occupation of a fourth flat."
The decision was made with consideration of crime prevention, equality, and Welsh language impact policies, with no significant concerns noted.
The site has a history of planning applications.
In 2017, a certificate was issued confirming lawful use as three flats, while between 1990 and 1992, a change of use to multiple occupation was refused but later allowed on appeal.
The decision report implies the refusal occurred soon after the site visit.
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