254 Walton Road, EAST MOLESEY, Surrey, KT8 2HT

the material change of use of the ground floor to form a single dwelling

Authority: Elmbridge Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Orr H

Main issues, as the Inspector framed them

Whether the matters alleged in the enforcement notice have occurred as a matter of fact (ground b)
Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control (ground f)

What decided it

The physical works carried out to the ground floor, including the enlarged and repositioned kitchen and bathroom facilities and replacement of the shopfront with a residential-style façade, demonstrated a material change of use to a single dwelling even though occupation had not yet commenced, and the enforcement notice's requirements were necessary to fully remedy the breach.

Judgments cited: Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.