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Planning appeal decision

Notice varied and upheld13 August 20243320345

Burn Bullock Public House, 315 London Road, MITCHAM, CR4 4BE

without planning permission: The unauthorised material change of use of the public house main building and ancillary car parking to a large House of Multiple Occupation (“HMO”), car-repair and cleaning workshop, storage, scrapyard and stationing of mobile homes for residential accommodation (sui-generis) and installation of portacabins

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

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control comprising the material change of use of the public house to an HMO has occurred as a matter of fact
  • Whether the requirements of the enforcement notice exceed what is necessary to achieve the purpose
  • Whether the period for compliance with the notice is reasonable

What decided it

The occupants of the building were squatters who did not pay rent and the building lacked basic amenities, meaning the accommodation did not meet the standard test for an HMO under the Housing Act 2004, so the alleged HMO use had not occurred as a matter of fact.

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.