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Dismissed24 July 20243333009

75 Cavendish Road, Colliers Wood, Merton, London, SW19 2EY

Planning appeal 3333009 at 75 Cavendish Road, Colliers Wood, Merton, London, SW19 2EY (London Borough of Merton) was dismissed on 24 July 2024 by Inspector Pearce J, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area.

the demolition of existing bungalow and detached garage and erection of a 2-storey building with accommodation within roof space to create 7 self-contained flats (1 x 3 bed, 2 x 2 bed, 4 x 1 bed) with associated amenity space, cycle store and bin enclosure

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Pearce J
Postcode
SW19 2EY

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area
  • the effect of the proposed development on the living conditions of occupants of Nos 27-33 Norfolk Road, with regard to outlook
  • whether the proposed development would provide suitable living conditions for future occupants, with regard to privacy
  • whether the proposed development would deliver biodiversity net gain

What decided it

The harm to character and appearance and to the living conditions of neighbouring occupants significantly and demonstrably outweighs the benefits of housing delivery, even under the tilted balance.

The adverse impacts of harm to character and appearance and to neighbouring living conditions significantly and demonstrably outweigh the benefits of housing delivery when assessed against the policies of the Framework as a whole, notwithstanding the Council's inability to demonstrate a five-year housing land supply.

What the Inspector cited

Development plan policies
Policy D1Policy D3Policy D4Policy CS14Policy DM D2Policy T6Policy G6
National Planning Policy Framework
Paragraph 11Paragraph 8
Judgments
Bernard Wheatcroft Ltd vs Secretary of State for the Environment [JPL, 1982, P37]

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. Dismissed11 March 20263375275
    74A College Road, London, SW19 2BS
  2. Dismissed29 January 20263362545
    26 Marlowe Square , London, CR4 1DT
  3. Dismissed22 December 20253371051
    Development Site Between 6 And 8 Bordesley Road, Morden, SM4 5LR
  4. Dismissed18 November 20253368173
    The Trafalgar, 23 High Path, Colliers Wood, Merton, London, SW19 2JY
  5. Dismissed20 October 20253367044
    34-40 Morden Road, South Wimbledon, London, SW19 3BJ

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.