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Quashed On Legal Grounds26 April 20243297946

The Land Known As 100 Garth Road, Morden, SM4 4LR

Planning appeal 3297946 at The Land Known As 100 Garth Road, Morden, SM4 4LR (London Borough of Merton) was decided (quashed on legal grounds) on 26 April 2024 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact.

without planning permission and within the past four years the unauthorised erection of a self-contained residential unit on top of the existing garage (“the Unit”)

Authority
London Borough of Merton
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones R
Postcode
SM4 4LR

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact
  • Whether the matters alleged in the notice constitute a breach of planning control

What decided it

The first floor of the garage was being used for purposes ancillary to the primary residential use of the main dwelling (home office, workshop, gym, storage) and did not constitute a separate planning unit or material change of use requiring planning permission.

The decision letter

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More decisions in London Borough of Merton

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld21 September 20263364443
    31 Glebe Avenue, Mitcham, CR4 3DZ
  2. Notice varied and upheld11 March 20263332959
    205 London Road, Morden, SM4 5PT
  3. Notice varied and upheld23 April 20253323766
    31 Stanford Way, Streatham, London, SW16 4HF
  4. Notice varied and upheld30 January 20253321482
    37 Octavia Close, Mitcham, CR4 4BY
  5. Quashed On Legal Grounds30 January 20253320544
    59 Epsom Road, Morden, SM4 5PR

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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