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Planning appeal decision

Dismissed4 April 20233304023

1 Grosvenor Road, Wallington, SM6 0EG

Planning appeal 3304023 at 1 Grosvenor Road, Wallington, SM6 0EG (London Borough of Sutton) was dismissed on 4 April 2023 by Inspector Cowley R, by written representations. The main issue, as the Inspector framed it: Whether the proposed amendment to the approved development can be dealt with through an application under section 73 of the Town and Country Planning Act 1990 as amended.

Application to vary condition 7 (Type of Use) of planning permission Ref: D2014/70186 for the "Demolition of kitchen, hallway, W.C and chimneys and erection of a part one part two storey rear extension and conversion of loft space involving the formation of three dormer extensions at rear and three rooflights at front in connection with the use of premises as a residential care home (part amendment to previously approved application reference 13/68417/FUL)" to allow for the property to be used as a residential family centre for no more than 10 adults and 10 children at anyone time” without complying with a condition attached to planning permission Ref DM2019/00499, dated 11 December 2019

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Cowley R
Postcode
SM6 0EG

Main issues, as the Inspector framed them

  • Whether the proposed amendment to the approved development can be dealt with through an application under section 73 of the Town and Country Planning Act 1990 as amended

What decided it

The proposed condition amendment would fundamentally conflict with the original description of development in the 2019 permission, placing it beyond the powers of section 73 of the Town and Country Planning Act 1990.

What the Inspector cited

Development plan policies
Policy 29Policy 36Policy 37

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 2023

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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.

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