7 Rita Road, London, SW8 1JX

Planning appeal 3342228 at 7 Rita Road, London, SW8 1JX (London Borough of Lambeth) was decided (quashed on legal grounds) on 22 January 2025 by Inspector King T, following an inquiry. The main issue, as the Inspector framed it: Ground (b): whether the breach alleged has occurred as a matter of fact.

Material change of use of the premises from 3 to 7 self-contained flats

Authority: London Borough of Lambeth
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: King T
Postcode: SW8 1JX

Main issues, as the Inspector framed them

Ground (b): whether the breach alleged has occurred as a matter of fact
Ground (c): whether the development identified requires planning permission
Ground (d): whether the use had become immune from enforcement action due to the passage of time
Ground (f): whether the steps required go beyond what is reasonably necessary to remedy the breach
Ground (g): whether the compliance period is unreasonably short

What decided it

The appellants demonstrated, on the balance of probabilities, that the seven-flat use at both properties had continued substantially uninterrupted for more than four years before the enforcement notices were issued, establishing immunity under ground (d).

What the Inspector cited

Judgments: Gravesham BC v SSE & O'Brien [1982]; Swale BC v FSS [2005] EWCA Civ 1568; Jackson v SSCLG [2015] EWHC 20 (Admin)

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.

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The decision letter

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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.