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Quashed On Legal Grounds22 July 20243316094

129 Pelham Road, Wimbledon, London, SW19 1NZ

Planning appeal 3316094 at 129 Pelham Road, Wimbledon, London, SW19 1NZ (London Borough of Merton) was decided (quashed on legal grounds) on 22 July 2024 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control, having regard to the mixed use of the land and the failure to describe all components of that use.

without planning permission, the unauthorised material change of use of the Land from ancillary car parking for use class E to commercial car park (sui generis)

Authority
London Borough of Merton
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Thompson F
Postcode
SW19 1NZ

Main issues, as the Inspector framed them

  • Whether the enforcement notice specifies with sufficient clarity the alleged breach of planning control, having regard to the mixed use of the land and the failure to describe all components of that use

What decided it

The enforcement notice failed to specify with sufficient clarity the alleged breach of planning control by not describing all components of the mixed use on the land, and any correction would cause injustice to either party.

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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