®Planning appeal decision
Basement And Ground Floor, 29 Strutton Ground, LONDON, SW1P 2HY
Without the requisite planning permission and within the last 10 years, the material change of use of the Property to a Sui Generis use, comprising material elements of hot food takeaway and restaurant uses at ground floor level, and an industrial kitchen use at basement level, and works undertaken to facilitate this use, which include a) the installation of a replacement openable shopfront with customer hatch to take hot food takeaway orders, b) the subdivision of the ground floor into 3 separate food stalls; and c) the installation of a grille above the shopfront on the front elevation and the ducting connected to the grille behind the shopfront ("the Unauthorised Development")
- Authority
- City of Westminster Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- White P
Main issues, as the Inspector framed them
- Whether the alleged breach of planning control (material change of use to a sui generis use comprising hot food takeaway, restaurant and industrial kitchen uses, and associated works) had occurred
- Whether the alleged breach constitutes a material change of use requiring planning permission
- Whether enforcement action could be taken within the 10-year time limit under section 171B of the Act
- Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control
What decided it
The use which had occurred was a mixed sui generis use not within Class E, constituting a material change of use without planning permission, and enforcement action was taken within the 10-year time limit.
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.