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Planning appeal decision

Allowed29 April 20243326725

Land Adjacent to 72A Havelock Road, London, SW19 8HD

Planning appeal 3326725 at Land Adjacent to 72A Havelock Road, London, SW19 8HD (London Borough of Merton) was allowed on 29 April 2024 by Inspector Cross D, by written representations. The main issue, as the Inspector framed it: Whether the conditions are reasonable or necessary in the interests of character and appearance, living conditions and flood risk.

Application for planning consent to construct a 1-bed detached residential property

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Cross D
Postcode
SW19 8HD

Main issues, as the Inspector framed them

  • Whether the conditions are reasonable or necessary in the interests of character and appearance, living conditions and flood risk

What decided it

Paragraph 54 of the NPPF requires clear justification to restrict permitted development rights, and the Council failed to demonstrate that removal of certain classes of development was reasonable or necessary given that comparable properties in the area retained such rights and the specific harms were not substantiated.

What the Inspector cited

Development plan policies
Policy D4 of the London Plan 2021Policy CS14 of Merton's Core Planning Strategy 2011Policy DM D2 of Merton's Sites and Policies Plan 2014Policy DM D3 of Merton's Sites and Policies Plan 2014
National Planning Policy Framework
Paragraph 54

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 2024

  1. Dismissed18 November 20253368173
    The Trafalgar, 23 High Path, Colliers Wood, Merton, London, SW19 2JY
  2. Dismissed27 October 20253361565
    7 Watery Lane, London, SW20 9AA
  3. Dismissed20 October 20253367044
    34-40 Morden Road, South Wimbledon, London, SW19 3BJ
  4. Allowed27 June 20253360370
    27 Florence Avenue, Morden, SM4 6EX
  5. Allowed24 March 20253341242
    338 Garth Road, Morden, SM4 4NW

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.