11A Berrylands Road , Surbiton , Kingston Upon Thames, KT5 8QX

Planning appeal 3351923 at 11A Berrylands Road , Surbiton , Kingston Upon Thames, KT5 8QX (Royal Borough of Kingston Upon Thames) was dismissed on 25 September 2026 by Inspector Ghafoor A, by written representations. The main issue, as the Inspector framed it: Whether the existing use of the property as a house in multiple occupation is lawful by virtue of immunity from enforcement action under section 191(2) of the Town and Country Planning Act 1990.

Authority: Royal Borough of Kingston Upon Thames
Appeal type: minor · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Ghafoor A

Main issues, as the Inspector framed them

Whether the existing use of the property as a house in multiple occupation is lawful by virtue of immunity from enforcement action under section 191(2) of the Town and Country Planning Act 1990

What decided it

The appellant failed to provide sufficient factual evidence, particularly documentary evidence of actual use and occupation throughout the relevant 10-year period, to establish on the balance of probability that the HMO use began on or before the relevant date of 17 August 2013.

The decision letter

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More decisions in Royal Borough of Kingston Upon Thames

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

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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.