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Planning appeal decision

Allowed2 November 20223285907

Land Rear of 44 Dale Park Avenue, Carshalton, SM5 2EP

Planning appeal 3285907 at Land Rear of 44 Dale Park Avenue, Carshalton, SM5 2EP (London Borough of Sutton) was allowed on 2 November 2022 by Inspector Glassar S, by written representations. The main issue, as the Inspector framed it: Whether the disputed condition is reasonable and necessary to reduce the fear of crime.

the erection of a two-storey, four- bedroom dwellinghouse with associated front and rear gardens, bin and bicycle storage and parking without complying with a condition attached to planning permission Ref DM2020/01574, dated 25 January 2021

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Glassar S
Postcode
SM5 2EP

Main issues, as the Inspector framed them

  • Whether the disputed condition is reasonable and necessary to reduce the fear of crime
  • Whether the disputed condition is reasonable and necessary to provide a suitable access to the development with particular regard to protecting pedestrian safety

What decided it

The absence of substantive evidence of crime or fear of crime in the area, combined with the Metropolitan Police's confirmation that lighting was not required for Secured by Design Accreditation and the Highway Engineer's lack of objection, demonstrated that the lighting condition was not reasonably necessary for the stated planning purposes.

What the Inspector cited

Development plan policies
Policy D3 of the London Plan 2021Policy D6 of the London Plan 2021Policy D8 of the London Plan 2021

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 Sutton

The authority’s record since 2016 · every decision in 2022

  1. Dismissed19 October 20266002198
    103 Marlow Drive, North Cheam, SM3 9BD
  2. Allowed15 October 20266009820
    Grass Verge of Sparrow Farm Road, London, KT17 2DF
  3. Dismissed27 August 20266005269
    85 Priory Road, North Cheam, SM3 8LY
  4. Dismissed7 August 20266008124
    3 Carshalton Grove, Sutton, SM1 4LY
  5. Dismissed27 July 20266006764
    136 Grove Road, Sutton, Sutton, SM1 2DF

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.