The land known as 100 Garth Road, Morden, SM4 4LR

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

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.

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