59 Epsom Road, Morden, SM4 5PR

Planning appeal 3320544 at 59 Epsom Road, Morden, SM4 5PR (London Borough of Merton) was decided (quashed on legal grounds) on 30 January 2025 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is defective in its allegation of breach of planning control.

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
Postcode: SM4 5PR

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 decision letter

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The authority’s record since 2016 · every decision in 2025

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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.