Case 3270213

90 Garfield Road, London, SW19 8SB

London Borough of Merton — appeal dismissed

Outcome
Dismissed
Decision date
16 September 2021
Authority
London Borough of Merton
Inspector
Thandi B
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Oppidan (GR) Ltd
Agent
Mr David Norris
LPA reference
20/P3561
ONS LPA code
E09000024
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 April 2021

Summary AI

The appeal was dismissed due to the proposed development not meeting the requirements of the General Permitted Development Order. The inspector concluded that the development would not comply with paragraph A.1(j)(i) of the GPDO, and therefore the appeal did not succeed.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

90 Garfield Road, London, SW19 8SB — London Borough of Merton — Appeal Decision Site Visit made on 10 August 2021 by Bhupinder Thandi BA (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 16 September 2021 Appeal Ref: APP/T5720/W/21/3270213 90 Garfield Road, London SW19 8SB • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 20, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Oppidan (GR) Ltd against the decision of the London Borough of Merton. • The application Ref 20/P3561, dated 26 October 2020, was refused by notice dated 17 February 2021. • The development proposed erection of an additional storey in connection with the creation of 4 (4 x 2 bedroom) dwellings. Decision 1. The appeal is dismissed. Procedural Matters 2. I have taken the description of development from the Council’s decision notice as it simply and accurately describes the development. 3. The principle of the development is established by Part 20, Class A of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (GPDO).

Page 1 · Chunk 1 Appeal Decision

90 Garfield Road, London, SW19 8SB — London Borough of Merton — Appeal Decision The prior approval provisions do not require regard to be had to the development plan. Main Issue 4. The main issue is whether the proposed development would be granted planning permission by the GPDO with regard to the requirements of paragraphs A.1(j)(i) and A.2(1)(e) relating to building and engineering operations and the external appearance of the building. Reasons 5. The appellant has provided a letter from a structural engineer stating that the extended brickwork at second floor would benefit the structure by stiffening the existing piers between windows, allow extra load and distribute wind loading. The appellant has also indicated that the extended brickwork is designed to improve the appearance of the building and does not fall within the provisions of the GPDO. 6. Consequently, based on the limited and contradictory evidence before me, it has not been demonstrated that the proposed development would comply with https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

90 Garfield Road, London, SW19 8SB — London Borough of Merton — Appeal Decision Appeal Decision APP/T5720/W/21/3270213 paragraph A.1(j)(i). I therefore conclude that the proposed development is not permitted under Part 20, Class A of the GPDO. 7. Given my conclusion, it is not necessary to consider whether prior approval should be given for the proposal. Conclusion 8. For the reasons set out above the appeal does not succeed.

Page 2 · Chunk 3 B Thandi

90 Garfield Road, London, SW19 8SB — London Borough of Merton — B Thandi INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

External appearance
Against appellant
¶4-6

The proposed development would not comply with paragraph A.1(j)(i) of the GPDO due to limited and contradictory evidence. The extended brickwork was not demonstrated to meet the requirements of the GPDO.

Policies relied on

Reference Weight
Part 20, Class A of the Town and Country Planning (General Permitted Development) Order 2015 (as amended)
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 16 September 2021 under the Open Government Licence.