®Planning appeal decision
Land Rear Of 28-40 Elm Way, Worcester Park, KT4 8LT
Planning appeal 3314410 at Land Rear Of 28-40 Elm Way, Worcester Park, KT4 8LT (London Borough of Sutton) was dismissed on 19 October 2023 by Inspector Ellison H, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area.
the construction of 2 no. 2 storey blocks consisting in total of 4 no. 2 bedroom houses and 4 no. 1 bedroom houses
- Authority
- London Borough of Sutton
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Ellison H
- Postcode
- KT17 4PX
Main issues, as the Inspector framed them
- The effect of the proposal on the character and appearance of the area
- Whether satisfactory living conditions would be provided for future occupiers, with particular regard to internal and external living space, privacy and outlook
- The effect of the proposal on biodiversity
- The effect of the proposal on climate change
- The effect of the proposal on the living conditions of occupiers at 28-40 Elm Way, with particular regard to outlook and privacy
What decided it
The adverse impacts of granting permission—comprising harm to character and appearance, failure to provide satisfactory living conditions for future occupiers, harm to biodiversity, and non-compliance with climate change policies—would significantly and demonstrably outweigh the benefits of housing provision and economic gains, rendering the scheme unsustainable development.
The benefits of eight additional homes and economic and social benefits were afforded limited to moderate weight, but the collective harm to design quality, future occupier amenity, biodiversity and climate change mitigation was afforded very substantial weight, such that the adverse impacts significantly and demonstrably outweighed the benefits when assessed against the Framework taken as a whole.
What the Inspector cited
- Development plan policies
- Policy D3 of the London PlanPolicy D4 of the London PlanPolicy D6 of the London PlanPolicy G6 of the London PlanPolicy SI2 of the London PlanPolicy SI3 of the London PlanPolicy SI5 of the London PlanPolicy SI15 of the London PlanPolicy 9 of the Sutton Local Plan 2016-2031Policy 13 of the Sutton Local Plan 2016-2031Policy 26 of the Sutton Local Plan 2016-2031Policy 28 of the Sutton Local Plan 2016-2031Policy 29 of the Sutton Local Plan 2016-2031Policy 31 of the Sutton Local Plan 2016-2031Policy 32 of the Sutton Local Plan 2016-2031Policy 33 of the Sutton Local Plan 2016-2031
- Judgments
- Bernard Wheatcroft Ltd v Secretary of State for the Environment [JPL 1982]
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 appliedThe 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.
With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2023
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- Allowed15 October 20266009820Grass Verge of Sparrow Farm Road, London, KT17 2DF
- Dismissed27 August 2026600526985 Priory Road, North Cheam, SM3 8LY
- Dismissed7 August 202660081243 Carshalton Grove, Sutton, SM1 4LY
- Dismissed27 July 20266006764136 Grove Road, Sutton, Sutton, SM1 2DF
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.