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Planning appeal decision

Dismissed6 November 20213281161

78 Kenilworth Avenue, London, SW19 7LR

Planning appeal 3281161 at 78 Kenilworth Avenue, London, SW19 7LR (London Borough of Merton) was dismissed on 6 November 2021 by Inspector Bell-Williamson J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed extensions on the character and appearance of the host dwelling and the surrounding area.

demolition of original single storey kitchen building to be replaced with new 2 storey extension to provide a new larger kitchen and dining space to the ground floor and enlarged bedroom to first floor rear bedroom. The loft will also be converted to provide additional accommodation of 3 bedrooms and 2 bathrooms. These works are to support and enhance the property as a single family dwelling

Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Bell-Williamson J
Postcode
SW19 7LR

Main issues, as the Inspector framed them

  • the effect of the proposed extensions on the character and appearance of the host dwelling and the surrounding area
  • the effect on the living conditions of the occupiers of Nos 76 and 80 Kenilworth Avenue, with regard to outlook and on the occupiers of No 80, with regard to natural light

What decided it

The proposed extensions would have a materially harmful effect on the character and appearance of the host dwelling and surrounding area, contrary to Policies DM D2 and DM D3 of the development plan, which could not be outweighed by any other material considerations.

The absence of material harm to living conditions was insufficient to outweigh the material harm to character and appearance contrary to the development plan.

What the Inspector cited

Development plan policies
Policy DM D2Policy DM D3

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Merton

The authority’s record since 2016 · every decision in 2021

  1. Dismissed23 October 20266006717
    71 Leamington Avenue, Morden, SM4 4DQ
  2. Dismissed21 October 20266008957
    18, West Place, London, SW19 4UH
  3. Notice upheld21 September 20263364443
    31 Glebe Avenue, Mitcham, CR4 3DZ
  4. Allowed7 August 20266007543
    11B Calonne Road, Merton, Wimbledon, SW19 8HH
  5. Dismissed17 July 20266006955
    35 Kingston Road, London, SW19 1JW

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.