68 East Dulwich Grove, LONDON, SE22 8PS

Without planning permission, the material change of use of the Property by subdividing the Property to create 12 self contained dwelling flats (six studio flats on the ground floor, four studio flats on the first floor and two studio flats on the second floor) (“the Unauthorised Use”)

Authority: London Borough of Southwark
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Satheesan R

Main issues, as the Inspector framed them

Whether there has been a material change of use of the property by subdividing the property to create 12 self-contained dwellings

What decided it

The units lacked the physical facilities (kitchens, bathrooms, living areas) necessary to function as self-contained dwellings and had never been occupied as such, so no material change of use had in fact occurred.

Judgments cited: Cynon Valley Borough Council v Secretary of State for Wales (1987) 53 P. & C.R. 68.1; Impey v SSE and Lake District SPB [1984] 47 P & CR 157; Welwyn Hatfield BC v SSCLG and Beesley [2011] UKSC 15; Gravesham BC v SSE [1984] 47 P&CR 143

Read the decision letter on the Inspectorate’s site

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