Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Quashed On Legal Grounds7 September 20233289021

The Forge 23-25 High Street, Carshalton, SM5 3AX

Planning appeal 3289021 at The Forge 23-25 High Street, Carshalton, SM5 3AX (London Borough of Sutton) was decided (quashed on legal grounds) on 7 September 2023 by Inspector Douglas L, following a hearing. The main issue, as the Inspector framed it: The effect of the Existing Development and the Proposed Amended Development on the character and appearance of the area, with particular regard to the Carshalton Village Conservation Area (CA) and any other heritage assets.

Erection of a building (without planning permission) comprising a commercial unit at ground floor and three residential flats above, subject to a deemed application for planning permission for a Proposed Amended Development

Authority
London Borough of Sutton
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Minor retail and services
Inspector
Douglas L
Postcode
SM5 3AX

Main issues, as the Inspector framed them

  • The effect of the Existing Development and the Proposed Amended Development on the character and appearance of the area, with particular regard to the Carshalton Village Conservation Area (CA) and any other heritage assets.

What decided it

The Proposed Amended Development, secured by a scheme-of-works condition, would remedy the poor design and finishing defects and thereby preserve rather than harm the character and appearance of the Carshalton Village Conservation Area.

The modest public benefits of housing and commercial floorspace did not outweigh the moderate/less than substantial harm to the conservation area caused by the Existing Development, but once conditioned to become the Proposed Amended Development the scheme would have a neutral impact and accord with the development plan, tipping the balance in favour of granting permission.

What the Inspector cited

Development plan policies
Policy 28Policy 30Policy D4Policy HC1Policy 31Policy 32
Judgments
Commercial Land Ltd v SSTLR & Kensington and Chelsea RBC [2002] EWHC 1264 (Admin); [2003] JPL 358; Imperial Resources SA v FSS & Kensington and Chelsea RBC [2003] JPL 1346; Ahmed v SSCLG & Hackney LBC [2014] EWCA Civ 566; R (oao Banghard) v Bedford BC [2017] EWHC 2391 (Admin)

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

247 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in London Borough of Sutton

The authority’s record since 2016 · every decision in 2023

  1. Allowed25 June 20263371477
    79-85 Beddington Lane, Beddington , Sutton, CR0 4TH
  2. Notice upheld22 June 20263355090
    13 Charminster Road, Worcester Park, KT4 8PS
  3. Dismissed3 June 20266003533
    10 Courtenay Avenue, Sutton, SM2 5ND
  4. Dismissed30 April 20266002673
    15 Surrey Grove, Sutton, Carshalton, SM1 3PW
  5. Allowed6 February 20266001555
    69 Egmont Road, Sutton, SM2 5JS

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.