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Planning appeal decision

Dismissed12 September 20253362410

360-364 London Road, Mitcham , Surrey, CR3 3ND

Planning appeal 3362410 at 360-364 London Road, Mitcham , Surrey, CR3 3ND (London Borough of Merton) was dismissed on 12 September 2025 by Inspector Burley P, by written representations. The main issue, as the Inspector framed it: whether it has been demonstrated that there is no realistic prospect of a commercial use occupying the commercial floorspace.

the change of use of the previously-approved flexible commercial floor space at ground floor level into 3 No. self-contained apartments and associated development

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Burley P
Postcode
CR4 3ND

Main issues, as the Inspector framed them

  • whether it has been demonstrated that there is no realistic prospect of a commercial use occupying the commercial floorspace
  • whether the appeal scheme would provide acceptable living conditions for the future occupiers of the proposed apartments
  • whether the proposed development would secure a net biodiversity gain
  • whether there is capacity in the local area to accommodate additional car parking demand

What decided it

The failure to demonstrate no realistic prospect of commercial use, combined with unacceptable living conditions for future occupiers, outweighed the benefit of delivering 3 new homes.

The significant positive weight of delivering 3 new homes and neutral weight of biodiversity net gain (by condition) were outweighed by significant negative weight given to the failure to demonstrate no realistic prospect of commercial use and poor quality living conditions for future occupiers, with small negative weight to parking stress.

What the Inspector cited

Development plan policies
MLP Policy EC13.3MLP Policy D12.3MLP Policy T16.4LP Policy D3LP Policy G6LP Policy T6
National Planning Policy Framework
Paragraph 125

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 2025

  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.