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Planning appeal decision

Quashed On Legal Grounds29 July 20263350448

Bestfood Supermarket, 30 Loampit Hill, LONDON, SE13 7SW

Authority
London Borough of Lewisham
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Other minor developments
Inspector
Whalley J

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control, specifically whether the works to the shop front amounted to development requiring planning permission or were merely maintenance and repair works

What decided it

The Inspector's finding that the works to the shop front, whilst extensive, did not amount to works of replacement, rebuilding or material extension, and therefore did not constitute development requiring planning permission under section 55(2)(a) of the Town and Country Planning Act 1990.

Judgments cited: Sainty v Minister of Housing and Local Government; CW Larkin v Basildon District Council; Arnold v Secretary of State for Communities and Local Government [2015] EWHC 1197 (Admin); Tapecrown Ltd v First Secretary of State [2006] EWCA Civ 1744

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.