®Planning appeal decision
268 Woodcote Road, Wallington, Surrey, SM6 0QH
- Authority
- London Borough of Sutton
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- minerals-waste · Change of use
- Inspector
- Hitchcock R
Main issues, as the Inspector framed them
- Whether the development alleged in the Notice has occurred as a matter of fact (ground (b))
- The extent of the relevant planning unit(s) and whether the alleged uses form a single mixed use or separate/physically distinct uses
What decided it
The omission of the established tree care business from the mixed-use allegation in the Notice meant it could not be corrected without injustice, so the alleged development was found not to have occurred as a matter of fact.
Judgments cited: R (oao East Sussex CC) v SSCLG & Robins & Robins [2009] EWHC 3841 (Admin); Westminster Council v British Waterways Board [1985] AC 676; R (oao Kensington and Chelsea RLBC) v SSCLG & others [2016] EWHC 1785 (Admin); Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Restormel BC v SSE & Rabey [1982] JPL 785; Lipson v SSE [1976] 33 P&CR 95; Ormston v Horsham RDC [1965] 17 P&CR 105
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.