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Planning appeal decision

Notice varied and upheld31 March 20233297767

Land at 46 Upper Tooting Park, London, SW17 7SZ

Planning appeal 3297767 at Land at 46 Upper Tooting Park, London, SW17 7SZ (London Borough of Wandsworth) was allowed in part (a split decision) on 31 March 2023 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether the dwelling provides satisfactory living conditions for existing and future occupiers with particular regard to internal light, outlook, internal and external space.

Without planning permission and within the past four years a material change of use of the property from storage (Use Class B8) to residential accommodation (Use Class C3) (the "Unauthorised Use")

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Harwood A
Postcode
SW17 7SZ

Main issues, as the Inspector framed them

  • Whether the dwelling provides satisfactory living conditions for existing and future occupiers with particular regard to internal light, outlook, internal and external space
  • The suitability of the dwelling with respect to accessibility and transport choices

What decided it

The dwelling's complete lack of external amenity space and inadequate cycle storage provision meant it failed to comply with local plan policies requiring such facilities, rendering it unsuitable for residential use despite acceptable internal conditions and good transport accessibility.

What the Inspector cited

Development plan policies
WLP Policy DMH6LP Policy D6WLP Policy DMH4WLP Policy DMH7WLP Policy DMS1LP Policies H1LP Policies H2LP Policy T2WLP Policy DMT2LP Policy T5

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 Wandsworth

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

  1. Notice upheld10 August 20263364864
    Garages Rear of 76-78 , Tooting High Street , London, SW17 0RN
  2. Allowed3 June 20266004827
    The Grapes, Fairfield Street, Wandsworth, London, SW18 1DX
  3. Allowed3 June 20266004826
    The Grapes, Fairfield Street, Wandsworth, London, SW18 1DX
  4. Dismissed14 May 20266002127
    1 Battersea Bridge Road, London, SW11 3BZ
  5. Notice upheld24 March 20263341914
    25 Montserrat Road, London, SW15 2LD

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.