According to the application description, application 28/1382/00/F was subsequently amended by applications 28/1315/01/F, 28/1990/02/F and 28/0797/04/F, and this latest application seeks confirmation that 28/1382/00/F was lawfully commenced.

However, not recorded within this application was another historic application, namely 28/1381/00/CA, that sought ‘Conservation Area Consent for demolition of existing buildings’, and this was the permission that authorised consent for the demolition of those existing buildings. Approval was given on the 14th February 2001.

As a consequence, we argued, it follows that the demolition was not part of the planning approval 28/1382/00/F (or any of the subsequent planning permissions for amendment) and that as a result the 28/1382/00/F planning permission was not implemented on that basis.

In our view there is substantial evidence, including the fact that no retail unit exists on the ground floor of the southern block of apartments, that the Certificate of Lawfulness should be refused.