Plainview Planning has successfully averted what could have been costly enforcement action for a mosque in Southwark.
The mosque had been in breach of a number of conditions therefore a Certificate of Lawfulness (CoL) for an existing use was made, in accordance with Section 191 of the Town and Country Planning Act 1990.
The Certificate sought to confirm that:
- The mosque had been used 1-2 hours before sunrise and until 4-5 hours after sunset in excess of 10 years;
- Internal voice amplifying equipment had been in operation in excess of 10 years.
Robust evidence was collated and submitted; this included sworn statutory declarations from neighbours and members of the mosque.
Southwark Council was unable to provide evidence itself to contradict or make the applicant’s version of events less probable.
Therefore the CoL was granted and the related breach of condition made exempt from enforcement by virtue of subsection 3 of Section 171B of the Act.
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