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Notice varied and upheld26 August 20223294554

The Property Known As 17 & 19 Trafalgar Avenue, London, SE15 6NP

Planning appeal 3294554 at The Property Known As 17 & 19 Trafalgar Avenue, London, SE15 6NP (London Borough of Southwark) was allowed in part (a split decision) on 26 August 2022 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: Appeal A: whether the matters alleged constitute a breach of planning control; whether the development is immune from enforcement action; whether planning permission ought to be granted for the development.

Installation of UPVC windows, front doors, front garden walls, walls leading to front doors, decking, freestanding postbox (Appeal A) and erection of conservatories on rear lower ground level at basement flats (Appeal B)

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Freer P
Postcode
SE15 6NP

Main issues, as the Inspector framed them

  • Appeal A: whether the matters alleged constitute a breach of planning control; whether the development is immune from enforcement action; whether planning permission ought to be granted for the development
  • Appeal B: whether the matters alleged constitute a breach of planning control; whether planning permission ought to be granted for the development

What decided it

The development causes less than substantial harm to the significance of the Trafalgar Avenue Conservation Area and the setting of nearby listed buildings, which carries considerable importance and weight given the statutory duty to preserve heritage assets, and no material considerations of sufficient weight justify determination otherwise than in accordance with the development plan.

What the Inspector cited

Development plan policies
Strategic Policy 12 of the Council's Core Strategy 2011Policy HC1 of the London Plan 2021Policy 3.15 of the Southwark Plan 2007Policy 3.16 of the Southwark Plan 2007Policy 3.18 of the Southwark Plan 2007Policy P20 of Southwark Plan 2020Policy P21 of Southwark Plan 2020
National Planning Policy Framework
Paragraph 202

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 Southwark

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

  1. Notice upheld7 April 20263361416
    12 Denmark Hill, London, SE5 8RZ
  2. Dismissed7 April 20263344253
    Flat 1, 12 Denmark Hill, London, SE5 8RZ
  3. Notice varied and upheld5 February 20263364196
    211 Walworth Road, London, SE17 1RL
  4. Notice varied and upheld7 January 20263354856
    96 Goodrich Road, London, SE22 0ER
  5. Notice upheld7 January 20263337227
    32 Meeting House Lane, London, SE15 2UN

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.