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Planning appeal decision

Notice upheld27 August 20213264036

254 Walton Road, East Molesey, Surrey, KT8 2HT

Planning appeal 3264036 at 254 Walton Road, East Molesey, Surrey, KT8 2HT (Elmbridge Borough Council) was dismissed on 27 August 2021 by Inspector Orr H, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred as a matter of fact (ground b).

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
Postcode
KT8 2HT

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.

What the Inspector cited

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

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

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.