4 Fenton Close, Wallington, Sutton, SM6 0EJ

4 new, 2-storey 4-bedroom detached dwellings with access, parking, garaging and amenity space. Appeal B: Ref APP/P5870/X/24/3343565 1 Fenton Close, Wallington, Sutton SM6 0ES

Authority: London Borough of Sutton
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: residential · Householder developments
Inspector: Walker A

Main issues, as the Inspector framed them

The main issues in the appeals are whether or not the Council's refusals of the respective LDC applications were well-founded.

What decided it

The completed dwellings materially deviated from the approved plans (missing chimney stacks), meaning the operations remained liable to enforcement action and so could not be certified as lawful.

Judgments cited: Rapose v London Borough of Wandsworth [2010] EWHC 3126 (Admin); R(Robert Hitchens Ltd) v Worcestershire CC [2015] EWCA Civ 1060

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