South London supermarket’s illegal ‘tin conservatory’ still standing one year after owners told to take it down

ELIF Foods first erected the structure in early 2025 without planning permission, prompting frustration among local residents.

A metal awning outside a North Cheam supermarket, described by residents as a “tin conservatory”, remains standing almost a year after the issue was first highlighted and despite the Planning Inspectorate ruling against it.

The structure outside the ELIF Food Centre in North Cheam was refused retrospective planning permission, with the owners’ subsequent appeal also dismissed. Yet Sutton Council’s delay in enforcing the decision has drawn criticism, with one local resident calling it a “clear-cut case” and questioning whether the authority is capable of reining in planning breaches.

The structure outside the supermarket at 565–567 London Road replaced temporary awnings with a permanent enclosure around the shop frontage in spring 2025. It quickly sparked complaints from residents, with one telling the LDRS that it was like a “tin conservatory” after waking to find the entrance to her flat enclosed by the new structure.

The supermarket’s co-owner, Serap Yumak, defended the extension at a Sutton Council licensing hearing in May 2025, saying it had been installed for safety reasons after the previous awnings were damaged by wind and weather. She said the structure would remain in place, despite no planning permission having been secured before it was built.

The council later refused retrospective planning permission, a decision that the Planning Inspectorate upheld on appeal by the owners. Despite the appeal being dismissed five months ago, the structure remains in place more than 16 months after the council first opened an enforcement case.

Local resident Richard Johnson has repeatedly challenged the council over the delay in enforcement. He told the LDRS: “This is a clear-cut case, with both Sutton Council and the Planning Inspectorate having formally refused permission. There is no excuse for inaction for months and now over a year.”

Mr Johnson said he questioned the council at a local committee meeting last month (July) after discovering that, despite repeated assurances that an enforcement letter was “imminent”, one had still not been issued several months after the planning appeal had been dismissed.

He added: “It should not come to a point where one resident has to stick up for his fellow residents, living with an unauthorised extension, by shaming Sutton Council into action after 16 months of inaction.”

Mr Johnson also questioned whether planning rules were being enforced consistently across the borough. Referring to another nearby business that had been required to remove an unauthorised extension after losing a planning appeal, he said: “Either Sutton Council has completely lost control of planning regulations across the whole borough or is just targeting small businesses.”

The council has previously denied giving the supermarket any special treatment. A Sutton Council spokesperson told the LDRS that a formal planning enforcement notice had been authorised against ELIF Food Centre over the unauthorised front extension at 565–567 London Road.

They added: “Following the Planning Inspectorate’s dismissal of the owner’s appeal against the refusal of retrospective planning permission, the council gave the business the opportunity to voluntarily remove the structure.

“As the business has not removed the structure, formal enforcement action is now underway. The council is closely monitoring the situation to ensure full compliance with the enforcement notice.”

When the structure was first erected, ELIF Foods told the LDRS it had acted quickly after the shop’s previous awnings were damaged by wind, rain and cigarette butts. Co-owner Ms Yumak also acknowledged that residents living above the shop had not been informed before work began, but said the business was working with its neighbours.

The LDRS contacted ELIF Foods for comment.

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