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Dismissed20 March 20233298972

63 Queens Road, Hersham, Walton-on-Thames, Surrey, KT12 5NF

Planning appeal 3298972 at 63 Queens Road, Hersham, Walton-on-Thames, Surrey, KT12 5NF (Elmbridge Borough Council) was dismissed on 20 March 2023 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the lawful use of the appeal site as at 2 February 2022 was as a day nursery, and if so, whether a change of use to office would constitute development requiring planning permission.

Change of use from day nursery (Class E) to Office (Class E)

Authority
Elmbridge Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Graham J
Postcode
KT12 5NF

Main issues, as the Inspector framed them

  • Whether the lawful use of the appeal site as at 2 February 2022 was as a day nursery, and if so, whether a change of use to office would constitute development requiring planning permission

What decided it

The lawful use of the appeal site as at 2 February 2022 was as a church, not as a day nursery, because the day nursery use had ceased in 2017 before the 2020 amendments separated these uses into different Use Classes, and no planning permission had been obtained for the change from church to day nursery use.

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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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