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Planning appeal decision

Quashed On Legal Grounds30 January 20253321260

91 Sutton Common Road, SUTTON, SM1 3HN

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

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 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.