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Planning appeal decision

Quashed On Legal Grounds15 October 20243341924

268 Woodcote Road, Wallington, Surrey, SM6 0QH

Planning appeal 3341924 at 268 Woodcote Road, Wallington, Surrey, SM6 0QH (London Borough of Sutton) was decided (quashed on legal grounds) on 15 October 2024 by Inspector Hitchcock R, following an inquiry. The main issue, as the Inspector framed it: Whether the development alleged in the Notice has occurred as a matter of fact (ground (b)).

Material change of use to a waste storage, processing, distribution and recycling centre (mainly timber waste), with shipping containers, dog kennel, mobile home, earth bunds, metal fencing, advert structures, hard surfacing and security lighting, plus later unauthorised operational development and change of use to a commercial gym and leisure facility (Use Class E)

Authority
London Borough of Sutton
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
minerals-waste · Change of use
Inspector
Hitchcock R
Postcode
SM6 0QH

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.

What the Inspector cited

Judgments
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

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Sutton

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

  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 Grounds30 January 20253321260
    91 Sutton Common Road, Sutton, SM1 3HN
  5. Quashed On Legal Grounds25 November 20243316699
    Iteru House, 19 Manor Road, Cheam, SM2 7AG

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.