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Planning appeal decision

Quashed On Legal Grounds30 July 20263361942

The land known as 11 Woodlands Road, Epsom, Surrey, KT18 7HW

Without planning permission, the change of use of the approved outbuilding to use as a single dwelling house

Authority
Epsom and Ewell Borough Council
Appeal type
minor · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Curnow R

Main issues, as the Inspector framed them

  • Whether the plan attached to the enforcement notice correctly identifies the planning unit
  • Whether the alleged breach of planning control occurred and constitutes a breach of planning control
  • Whether at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach

What decided it

The evidence established that 4 years of continuous use as a single dwellinghouse had been completed by 11 February 2021, before the enforcement notice was issued, meaning no enforcement action could be taken.

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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.