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Quashed On Legal Grounds9 December 20223260198

113 Longdown Lane South, Epsom, KT17 4JL

Planning appeal 3260198 at 113 Longdown Lane South, Epsom, KT17 4JL (Epsom and Ewell Borough Council) was decided (quashed on legal grounds) on 9 December 2022 by Inspector Higenbottam H, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the extent of the outbuilding attacked.

Without planning permission, there has been a change of use of the outbuildings, shaded yellow on the attached plan, to a separate dwelling house

Authority
Epsom and Ewell Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Higenbottam H
Postcode
KT17 4JL

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control and the extent of the outbuilding attacked
  • Whether planning permission for a dwellinghouse use was granted by virtue of section 173(11) of the Town and Country Planning Act 1990 following compliance with the 2014 enforcement notice

What decided it

The enforcement notice does not specify with sufficient clarity the alleged breach of planning control and the extent of the outbuilding attacked, and the errors cannot be corrected without causing injustice.

The decision letter

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More decisions in Epsom and Ewell Borough Council

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

  1. Quashed On Legal Grounds30 July 20263361942
    The Land Known As 11 Woodlands Road, Epsom, Surrey, KT18 7HW
  2. Notice varied and upheld15 May 20263362490
    185 Kingston Road, Ewell, KT19 0AA
  3. Dismissed2 March 20263373465
    47 Holmwood Road, Cheam, Sutton, SM2 7JR
  4. Notice varied and upheld24 February 20263357839
    10 High Street, Epsom, Surrey, KT19 8AD
  5. Dismissed17 January 20253342079
    7 Melton Place, Epsom, Surrey, KT19 9EE

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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