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Planning appeal decision

Dismissed7 April 20263344253

Flat 1, 12 Denmark Hill, London, SE5 8RZ

Planning appeal 3344253 at Flat 1, 12 Denmark Hill, London, SE5 8RZ (London Borough of Southwark) was dismissed on 7 April 2026 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control (Appeal A, ground (d)).

Without planning permission, the material change of use of the first, second and third floors of the Land from commercial space within use class E (previously A1) to three self-contained dwellings within use class C3 (“the Unauthorised Change of Use”)

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Bale M
Postcode
SE5 8RZ

Main issues, as the Inspector framed them

  • Whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control (Appeal A, ground (d))
  • Whether the appellant is entitled to a certificate of lawful use or development for three self-contained flats, having regard to whether deliberate concealment of the unauthorised development occurred (Appeal B)

What decided it

The appellant deliberately concealed the existence of the third flat through false statements and omissions in dealings with multiple Council departments, and as a matter of public policy, this deliberate concealment disentitles him to the immunity from enforcement action that would normally be achieved through the passage of time.

The decision letter

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More decisions in London Borough of Southwark

The authority’s record since 2016 · every decision in 2026

  1. Notice upheld7 April 20263361416
    12 Denmark Hill, London, SE5 8RZ
  2. Notice varied and upheld5 February 20263364196
    211 Walworth Road, London, SE17 1RL
  3. Notice varied and upheld7 January 20263354856
    96 Goodrich Road, London, SE22 0ER
  4. Notice upheld7 January 20263337227
    32 Meeting House Lane, London, SE15 2UN
  5. Notice varied and upheld17 December 20253331423
    467A Lordship Lane, London, SE22 8JS

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.

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