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Planning appeal decision

Quashed On Legal Grounds16 November 20223284493

210 Southover, Bromley, BR1 4SE

Planning appeal 3284493 at 210 Southover, Bromley, BR1 4SE (London Borough of Bromley) was decided (quashed on legal grounds) on 16 November 2022 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice (material change of use from residential to mixed use of residential and operation of a childcare nursery) have occurred.

Without planning permission, the material change of use of the land from a residential use to a mixed use of residential and the operation of a childcare nursery

Authority
London Borough of Bromley
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Moss J
Postcode
BR1 4SE

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice (material change of use from residential to mixed use of residential and operation of a childcare nursery) have occurred
  • Whether the matters alleged in the enforcement notice constitute a breach of planning control

What decided it

The childcare use, limited to 6 children during daytime hours with staggered comings and goings, was ancillary or incidental to the residential use and therefore not a material change of use requiring planning permission.

The decision letter

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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.

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