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Planning appeal decision

Notice varied and upheld20 February 20253322332

87 Waltham Road, Carshalton, SM5 1PS

Planning appeal 3322332 at 87 Waltham Road, Carshalton, SM5 1PS (London Borough of Sutton) was allowed in part (a split decision) on 20 February 2025 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether the material change of use from a single dwelling house to two separate dwelling houses has occurred as a matter of fact.

without planning permission the conversion of the property and material change of use of the land from a single dwelling house (C3) into two separate dwelling houses within the last four (4) years. Also, without planning permission and within the last four (4) years: (i) alterations to the two-storey extension element from the approved hipped roof to incorporate a gable end and increase in roof height (ii) alterations to the single storey element approved pitched roof into a dormer with a flat roof, and (iii) the installation of a canopy roof over the front entrance door

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Howell M
Postcode
SM5 1PS

Main issues, as the Inspector framed them

  • Whether the material change of use from a single dwelling house to two separate dwelling houses has occurred as a matter of fact
  • Whether the operational development comprising the extensions and roof alterations constitutes a breach of planning control
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach
  • Whether the period specified for compliance is reasonable

What decided it

The physical separation of the extensions from the original dwelling, with separate access, facilities and outdoor space, demonstrated two distinct planning units occupied for different purposes, establishing a material change of use to two separate dwellings in breach of planning control.

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. Quashed On Legal Grounds30 January 20253321260
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  4. Quashed On Legal Grounds25 November 20243316699
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  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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