68 East Dulwich Grove, London, SE22 8PS

Planning appeal 3257301 at 68 East Dulwich Grove, London, SE22 8PS (London Borough of Southwark) was decided (quashed on legal grounds) on 10 August 2021 by Inspector Satheesan R, following an inquiry. The main issue, as the Inspector framed it: Whether there has been a material change of use of the property by subdividing the property to create 12 self-contained dwellings.

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
Postcode: SE22 8PS

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.

What the Inspector cited

Judgments: 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

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in London Borough of Southwark

The authority’s record since 2016 · every decision in 2021

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Dismissed7 April 20263344253
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Notice varied and upheld5 February 20263364196
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Notice varied and upheld7 January 20263354856
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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.