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Planning appeal decision

Notice upheld22 March 20243310614

22 Camberwell Church Street , London , SE5 8QU

without planning permission, the material change of use of the Land from a restaurant (class E) to a mixed use as a restaurant, drinking establishment and shisha bar/lounge (sui generis), and the erection of a building to the rear of the Land in the approximate location shown edged and hatched green on the attached plan (“the Unauthorised Development”)

Authority
London Borough of Southwark
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Howell M

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 and whether it constitutes a breach of planning control
  • Whether the use had been continuous for a period of ten years beginning with the date of the breach
  • Whether the varied requirements of the notice exceed what is necessary to achieve the purpose of the notice

What decided it

The appellant failed to demonstrate that 20-22 Camberwell Church Street comprises two separate planning units or that the drinking establishment and shisha bar/lounge uses are ancillary to the restaurant use, and therefore could not discharge the burden of proof required to succeed on grounds (b), (c), (d) or (f).

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.