®Planning appeal decision
Quashed On Legal Grounds30 January 20253320544
59 Epsom Road, MORDEN, SM4 5PR
without planning permission, the use of the outbuilding at the rear of the Land as a self-contained residential unit
- Authority
- London Borough of Merton
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Howell M
Main issues, as the Inspector framed them
- Whether the enforcement notice is defective in its allegation of breach of planning control
- Whether the use of the outbuilding as a self-contained residential unit had been in continuous use for four years before the notice was issued, such that no enforcement action could be taken under ground (d)
What decided it
The appellant established on the balance of probabilities that the outbuilding had been in continuous use as a self-contained residential unit for at least four years before the enforcement notice was issued, supported by building control certification, tenancy agreements, and bank statements, such that enforcement action was time-barred under ground (d).
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.