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Planning appeal decision

Dismissed25 September 20243343625

3 Fenton Close, Wallington, Sutton, SM6 0EJ

Planning appeal 3343625 at 3 Fenton Close, Wallington, Sutton, SM6 0EJ (London Borough of Sutton) was dismissed on 25 September 2024 by Inspector Walker A, following an inquiry. The main issue, as the Inspector framed it: Whether or not the Council's refusals of the respective LDC applications were well-founded.

4 new, 2-storey 4-bedroom detached dwellings with access, parking, garaging and amenity space (certificate of lawful use or development application)

Authority
London Borough of Sutton
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Walker A
Postcode
SM6 0ES

Main issues, as the Inspector framed them

  • Whether or not the Council's refusals of the respective LDC applications were well-founded

What decided it

The completed dwellings' roofs materially deviated from the approved plans (lacking the required chimney stacks), leaving enforcement action available and so precluding a finding of lawfulness.

What the Inspector cited

Judgments
Rapose v London Borough of Wandsworth [2010] EWHC 3126 (Admin); R(Robert Hitchens Ltd) v Worcestershire CC [2015] EWCA Civ 1060

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 2024

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  3. Notice varied and upheld20 February 20253322332
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  4. Quashed On Legal Grounds30 January 20253321260
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  5. Quashed On Legal Grounds25 November 20243316699
    Iteru House, 19 Manor Road, Cheam, SM2 7AG

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.