Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice upheld9 July 20243325888

153a Dorset Road, Merton Park, London, SW19 3EQ

Planning appeal 3325888 at 153a Dorset Road, Merton Park, London, SW19 3EQ (London Borough of Merton) was dismissed on 9 July 2024 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control, on the basis that the building had been used as a separate dwellinghouse for more than four years and was therefore immune from enforcement action.

without planning permission, the conversion of the outbuilding on the Land into a self-contained residential unit

Authority
London Borough of Merton
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hartley D
Postcode
SW19 3EQ

Main issues, as the Inspector framed them

  • Whether at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control, on the basis that the building had been used as a separate dwellinghouse for more than four years and was therefore immune from enforcement action

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence to demonstrate continuous four-year use of the outbuilding as a separate dwellinghouse, placing the burden of proof on the appellant in a ground (d) appeal.

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

308 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in London Borough of Merton

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld21 September 20263364443
    31 Glebe Avenue, Mitcham, CR4 3DZ
  2. Notice varied and upheld11 March 20263332959
    205 London Road, Morden, SM4 5PT
  3. Notice varied and upheld23 April 20253323766
    31 Stanford Way, Streatham, London, SW16 4HF
  4. Notice varied and upheld30 January 20253321482
    37 Octavia Close, Mitcham, CR4 4BY
  5. Quashed On Legal Grounds30 January 20253320544
    59 Epsom Road, Morden, SM4 5PR

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.