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Planning appeal decision

Quashed On Legal Grounds22 June 20223248071

Flat 56, Hazelwood House, , 4 Brunswick Road, Sutton, Surrey, SM1 4DQ

Planning appeal 3248071 at Flat 56, Hazelwood House, , 4 Brunswick Road, Sutton, Surrey, SM1 4DQ (London Borough of Sutton) was decided (quashed on legal grounds) on 22 June 2022 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control, being the making of a material change of use of the property into multiple self-contained flats, has occurred as a matter of fact.

without planning permission, the making of a material change of use of the property into multiple self-contained flats

Authority
London Borough of Sutton
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Fleming D
Postcode
SM1 4DQ

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control, being the making of a material change of use of the property into multiple self-contained flats, has occurred as a matter of fact

What decided it

The cooking facilities provided (portable hob, microwave, toaster) are too basic and the room sizes too small to satisfy the Gravesham test for self-contained flats, and the property does not meet the statutory definition of a Class C4 HMO.

The decision letter

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More decisions in London Borough of Sutton

The authority’s record since 2016 · every decision in 2022

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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