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Planning appeal decision

Quashed On Legal Grounds30 January 20253321260

91 Sutton Common Road, Sutton, SM1 3HN

Planning appeal 3321260 at 91 Sutton Common Road, Sutton, SM1 3HN (London Borough of Sutton) 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 valid and complies with the statutory requirements of section 173 of the Town and Country Planning Act 1990.

without planning permission, the material change of use of the property on the Land from a single C3 dwelling house to use as three (3) self-contained flats by unauthorised sub-division of the property

Authority
London Borough of Sutton
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Howell M
Postcode
SM1 3HN

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and complies with the statutory requirements of section 173 of the Town and Country Planning Act 1990

What decided it

The enforcement notice failed to require cessation of the unauthorised use and would result in deemed planning permission being granted for the very use it was intended to prevent, rendering it invalid and incapable of correction without causing injustice to the appellant.

The decision letter

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More decisions in London Borough of Sutton

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

  1. Notice upheld22 June 20263355090
    13 Charminster Road, Worcester Park, KT4 8PS
  2. Quashed On Legal Grounds4 August 20253307199
    Land Known As 12 Lind Road, (And the Loft Area of 10 Lind Road), Sutton, SM1 4PJ
  3. Notice varied and upheld20 February 20253322332
    87 Waltham Road, Carshalton, SM5 1PS
  4. Quashed On Legal Grounds25 November 20243316699
    Iteru House, 19 Manor Road, Cheam, SM2 7AG
  5. Allowed22 November 20243331490
    27 Burdon Lane and 1-6 Burdon Park, Cheam, Sutton, SM2 7PP

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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