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Planning appeal decision

Allowed3 January 20233296287

73 Cavendish Road, London, SW19 2EY

Planning appeal 3296287 at 73 Cavendish Road, London, SW19 2EY (London Borough of Merton) was allowed on 3 January 2023 by Inspector Cryan M, by written representations. The main issue, as the Inspector framed it: The effects of varying the disputed condition on living conditions for the occupiers of 71 Cavendish Road, with particular regard to loss of daylight and sunlight and whether or not the proposed extension would be overbearing.

the erection of side/rear extension to create a new semi-detached dwelling without complying with a condition attached to planning permission Ref 20/P3965, dated 2 February 2021

Authority
London Borough of Merton
Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Cryan M
Postcode
SW19 2EY

Main issues, as the Inspector framed them

  • The effects of varying the disputed condition on living conditions for the occupiers of 71 Cavendish Road, with particular regard to loss of daylight and sunlight and whether or not the proposed extension would be overbearing
  • The effects of varying the disputed condition on the character and appearance of the area

What decided it

The limited increase in extension depth of 0.275m would not cause material harm to neighbouring living conditions or the character and appearance of the area given the generous separation distances and design compatibility with the approved scheme.

What the Inspector cited

Development plan policies
Policy CS14 of the 2011 Merton Core StrategyPolicy DM D2 of the 2014 Merton Sites and Policies PlanPolicy DM D3 of the 2014 Merton Sites and Policies PlanPolicy D3 of the London Plan 2021Policy D4 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 Merton

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

  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.