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Planning appeal decision

Notice varied and upheld13 August 20243320345

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

Planning appeal 3320345 at Burn Bullock Public House, 315 London Road, Mitcham, CR4 4BE (London Borough of Merton) was allowed in part (a split decision) on 13 August 2024 by Inspector Thompson F, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
CR4 4BE

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 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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